Legal Documents - Energy Muse
Terms & Conditions
Updated March 1, 2024
BEFORE USING OUR WEBSITE, PLEASE CAREFULLY READ THE FOLLOWING TERMS & CONDITIONS AND PRIVACY POLICY.
Thank you for visiting our website, which is wholly owned and operated by Energy Muse Jewelry, Inc., a California corporation (“Energy Muse,” "us,” “we," or "our"). We want to emphasize that the following Terms and Conditions (collectively Terms”) are not mere guidelines but a crucial legal agreement that binds and strictly governs the use, which includes accessing our website, energymuse.com. At that moment, you become a “user” of our website, including our services, and your active participation in adhering to these Terms is crucial. Our Privacy Policy is equally essential, as it deals with how we handle and protect users’ personal information and privacy rights.
We want to reassure you that all personal information provided to us as a result of your use of our website will be handled with the utmost care and in accordance with our Terms and Privacy Policy. Your privacy and security are of utmost importance to us, and we have implemented stringent measures to ensure the safety of your data.
These Terms include an Arbitration Agreement, a significant component that will govern any dispute between you and us. It's important to note that unless you opt-out as described below, this Arbitration Agreement will eliminate your right to a trial by jury and substantially affect your rights, including preventing you from bringing, joining, or participating in class, mass tort, or consolidated proceedings. We want to ensure you are fully aware of this aspect of our Terms.
We at Energy Muse genuinely care about your well-being and want you to have a wonderful and enlightening experience with our products. If you have any questions, concerns, or feedback, please feel free to get in touch. Your satisfaction is our priority.
TABLE OF CONTENTS – OUR TERMS
- TERMS SUBJECT TO CHANGE
- ALIGNMENT WITH LAWS
- WEBSITE USE AND USER ACCOUNTS
- OWNERSHIP, INTELLECTUAL PROPERTY, COPYRIGHTS, AND TRADEMARKS
- REGISTRATION AND ACCOUNT CREATION
- ORDERING AND PURCHASING
- USER CONTENT AND REMOVAL
- THIRD-PARTY SERVICES AND CONTENT
- MODIFICATION AND DISCONTINUATION
- DISCLAIMERS
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- CALIFORNIA PROP 65
- BED AND BATH PRODUCTS
- DISPUTES, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER
- ACCESSIBILITY
- NO ASSIGNMENT
- WAIVER
- SEVERABILITY
- APPLICABLE LAW – CALIFORNIA LAW
- ENTIRE AGREEMENT
- MISCELLANEOUS TERMS
- CONTACT US
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- TERMS SUBJECT TO CHANGE
Energy Muse reserves the right to modify or add to these Terms at any time, effective immediately upon posting them on our website. Your use of our website after the effective date of the new Terms certifies your acceptance and agreement to the new terms.
- COMPLIANCE WITH LAWS APPLICABLE TO YOU
Use of this website is unauthorized in any jurisdiction where all or any portion of the Terms or Privacy Policy may violate any legal requirements, and you agree not to access our website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk. You must be at least 16 (sixteen) years old to use our website; Energy Muse is not liable for any misrepresentation of age.
At Energy Muse, we value your privacy and strive to respect data protection principles. While we may not fully meet the regulatory thresholds of the California Consumer Privacy Act (CCPA) or the General Data Protection Regulation (GDPR), we voluntarily align with certain principles inspired by these privacy laws to enhance the protection of your personal information and to promote transparency in our data practices. This means we endeavor to provide privacy protections consistent with these frameworks where feasible without certifying full compliance.
- WEBSITE USE AND USER ACCOUNTS
Users of our website who wish to order products or merchandise, including services we may offer, using our website or to access “My Account” must provide their email address to register on our website. Energy Muse may accept or reject any Registration Agreement at its sole discretion. The user represents and warrants that the information provided when registering is accurate, complete, and current as of the date submitted and that the user will update such information from time to time, as necessary. These Terms shall be incorporated into and form an integral part of each Registration Agreement. As part of the registration process, the user will select a username and a password to access the username. The user’s username and password are the credentials required to access our website. Users may not have a username that is vulgar, attempts to impersonate another person, or violates the rights of others. Energy Muse also may reject any username that Energy Muse determines, at its discretion, is unacceptable for use on our website. User is solely responsible for all use of our website under their username and password and for maintaining the confidentiality of its username and password and will (i) promptly notify Energy Muse of any actual or suspected unauthorized use of our website and (ii) ensure that user exits from the account at the end of each session.
By establishing a username with Energy Muse, each time a user submits an Order through our website, it authorizes Energy Muse to contact the user at their e-mail address. Users may stop receiving Energy Muse’s marketing e-mails by following the opt-out procedures set forth in such e-mails.
The user is solely responsible for maintaining the security of their username and password. The user may not disclose their username or password to any third party (other than third parties authorized by the user to use the user’s account) and is solely responsible for any use of or action taken under its username and password on our website. The user is responsible for changing their username and password if either is compromised. User agrees that Energy Muse, in its sole discretion, may terminate the user’s password or username or use of our website for any reason, including, without limitation, for lack of use or if Energy Muse believes that a user has violated or acted inconsistently with the letter or spirit of these Terms. User agrees that any termination of the user’s password or username or use of our website may be effected without prior notice and acknowledges and agrees that Energy Muse may immediately deactivate or delete the user’s account and all related information and files and bar any further access to such information and files. User agrees that Energy Muse shall not be liable to the user or any third party for any termination of the user’s access, as provided herein.
Energy Muse may, at its option, change the parameters for passwords used to access our website without prior notice to a user. If Energy Muse does so, the user will be prompted and required to change their password the next time the user accesses our website under the username. To prevent unauthorized access to user accounts and to prevent unauthorized use of our website, the user agrees to protect and keep confidential its username, password, or other means of accessing user accounts on our website. If the user discloses the username and password to any person(s) or entity, the user assumes all risks and losses associated with such disclosure. If the user permits any other person(s) or entity to use our website with the user’s username, password, or other means of accessing user accounts, a user is responsible for any transactions and activities performed from the user accounts and for any use of user personal and account information by such person(s) or entity.
Energy Muse cannot and will not be liable for any loss or damage arising from the user’s failure to comply with the user’s obligations hereunder. Energy Muse reserves the right to suspend or terminate any username or password upon notice to the user that it reasonably determines may have been used for an unauthorized purpose. Energy Muse will not be liable for any damage, injury, or other such loss that the user incurs by failing to maintain the confidentiality of the password or by otherwise failing to comply with these Terms.
Users may use the records, documents, and information obtained through our website only as necessary to use our website’s services or to place an Order with Energy Muse. Without limiting the preceding or expanding any user rights hereunder, user agrees that it will not (A) republish, reproduce, sell, resell, distribute (through linking or framing or otherwise) or make any commercial use of our website (other than the ordering of merchandise in accordance with these Terms and the Registration Agreement) or any of the information available through our website; (B) make any use of any such information or the facilities of Energy Muse that would allow an unauthorized third party to have access to or the benefits of our website; (C) collect or use other users’ e-mail addresses or other users’ information, ratings or listings, or otherwise conduct any data extraction or data mining whatsoever.
User agrees that, while using our website, user will not: (A) transmit or post on our website any message under a false name; (B) transmit or post on our website any unlawful, libelous, defamatory, threatening, abusive, harassing or otherwise objectionable information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability under or otherwise violate any applicable law; (C) transmit or post on our website any record, document or information that discloses private or personal matters concerning any person, including, but not limited to, messages or information that would violate a person’s rights of privacy or publicity; (D) transmit or post on our website any record, document, information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; (E) transmit or post on our website any record, document, information, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidential or other proprietary information, or use of trademarks or service marks in an infringing fashion; (F) interfere, in any way, with other use of or access to our website; (G) offer for sale or sell illegal merchandise, including counterfeit merchandise or merchandise or services that violate or infringe upon the patent rights, copyrights, trade secrets, trademarks or other intellectual property rights or other rights of any person or entity; or (H) modify, delete or alter any information or Order placed by or on behalf of any other user.
User agrees to comply with all applicable laws, statutes, and regulations regarding use of our website, including ordering and purchasing merchandise and services. Energy Muse may report fraudulent conduct to law enforcement authorities, and Energy Muse will cooperate with such authorities. Energy Muse reserves the right to report any activity it suspects violates any law or regulation to appropriate law enforcement or regulatory officials. In order to cooperate with governmental requests, to protect Energy Muse’s systems and customers, or to ensure the integrity and operation of Energy Muse’s business and systems, Energy Muse may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history, and posted content. The user agrees to comply with all local rules regarding online conduct and acceptable content. The user agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country where the user resides.
Confidentiality. Energy Muse holds the confidentiality of its users in the highest regard and will take all commercially reasonable measures not to disclose information about the user or user’s communications to any other party, except when Energy Muse believes, in good faith, that such action is reasonably necessary to: (i) comply with applicable law or with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the legitimate interests of Energy Muse or others. Notwithstanding the preceding, the user acknowledges and agrees that any information it enters on our website may be viewed by any other user with access to the user’s Customer Number. Notwithstanding the preceding, the user agrees that any information or materials that the user or individuals acting on the user’s behalf provide to Energy Muse will not be considered confidential or proprietary. By providing any such information or materials to Energy Muse, the user grants Energy Muse an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such information and materials. The user further agrees that Energy Muse is free to use any ideas, concepts, or know-how that the user or individuals acting on the user’s behalf provide to Energy Muse. User, at this moment, agrees that any comments, feedback, or recommendations of the user for the improvement or modification of our website or the merchandise or services advertised herein shall be the sole property of Energy Muse.
As a user of our website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities under your account or password. We reserve all rights to terminate accounts, edit or remove content, and cancel orders at our sole discretion.
- OWNERSHIP, INTELLECTUAL PROPERTY, COPYRIGHTS, AND TRADEMARKS
You agree that all materials, products, and services(“Content”) provided on this website are the property of Energy Muse, its affiliates, directors, officers, employees, agents, suppliers, or licensors, including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Energy Muse’s intellectual property in any way, including electronic, digital, or new trademark registrations. You grant Energy Muse a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish.
Our website, including all its software and code comprising or used to operate our website, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, literary property, works of authorship, and other information, documents, materials or content available on or through our website are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, Canada, and the EU, and any other jurisdictions from which you are able to access or use our website or in which our website are available. All Content and intellectual property rights in and to the Content are the property of Energy Muse or the material, which is included with the rights owner's permission and protected pursuant to applicable copyright and trademark laws. All rights not expressly granted are reserved.
Subject to these Terms, Energy Muse grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use our website for personal use only in accordance with these Terms. Any use of our website in any other manner, including, without limitation, the resale, transfer, modification, or distribution of our website Content, is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any right, title, or interest in or to our website Content therein.
You agree not to reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code that we use or create to generate our website or any software or other products or processes accessible through our website. You further agree that, in accessing and using our Content as permitted by these Terms, you will keep any copyright or other proprietary notices on our website and Content intact. You also agree that you will neither (a) use any robot, spider, rover, scraper, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy, or distribute the Content (except as may be a result of a standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third party website, or otherwise use the Content in any way except as expressly permitted by these Terms or otherwise in writing by Energy Muse. You agree not to allow or assist any third party in violating or attempting to violate any of the above restrictions or prohibitions, whether or not for your benefit.
The Energy Muse name and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks, and logos appearing within our website, unless otherwise noted, are trademarks, whether registered or not, service marks and trade dress of Energy Muse All other trademarks, product names, company names, logos, service marks and trade dress mentioned, displayed, cited or otherwise indicated within our website are the property of their respective owners. You are not authorized to display or use the Energy Muse trademarks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, or trade dress of other owners featured within our website without the prior written permission of such owners. The use or misuse of the Energy Muses trademarks or website content, product names, company names, logos, service marks, trade dress, and any other materials contained herein, except as permitted herein, is expressly prohibited.
- REGISTRATION AND ACCOUNT CREATION
Energy Muse may sometimes require that you register and set up an account to access or use our website. The decision to provide the information necessary to create an account is optional; however, please be advised that if you elect not to provide the required information, you may not be able to access or use certain materials or features of our website. When you provide information, you agree to provide only true, accurate, current, and complete information and update it as necessary to maintain its truth and accuracy. With respect to any registration or account-creation feature you use, you agree to (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) help maintain the security of your account by not sharing your user name or password with others and by restricting access to your account and the device(s) from which you access your account; and (e) promptly notify Energy Muse if you discover or otherwise suspect any security breaches relating to our website. Your username and password are for your personal use only. If you use our website, you may not authorize others to use your registration information or account, and you are responsible for using and disclosing the same.
- ORDERING AND PURCHASING
Our website allows you to order and purchase specific products. Some situations may result in your order for products being canceled. These include but are not limited to limitations on the quantities of any products available for purchase, inaccuracies or errors in product or pricing information, product restrictions mandated by local, provincial, national, or international regulations, and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. To avoid doubt, we reserve the right, at our sole discretion, to limit quantities available of any product for sale or sold and at any time to reject, correct, cancel, or terminate any order for any reason whatsoever. Although we will endeavor to provide you with the most accurate information regarding our products, pricing or typographical errors may occur. If an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we reserve the right to correct or cancel an order at any time or edit an order to reflect the correction and correct the error on our website. Subject to applicable laws, we may amend our website, the products listed through our website, and the amounts we charge for at any time without prior notice.
The prices displayed on our website are quoted in U.S. dollars only. Fees for any products do not include any applicable sales, use, excise, value-added or other taxes, or governmental charges, and you shall be responsible for and shall promptly pay the same. Unless stated otherwise, note that the price of any products listed on the Website does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties, including, without limitation, any fees, customs, duties, levies and other charges that may be incurred in connection with the purchase, sale, import or export of any products to or from your jurisdiction, as imposed under applicable law or by a governmental agency or authority from time to time (collectively, “Taxes and Duties”). For clarity, and without limiting the preceding, you acknowledge and agree that you are solely responsible for paying all Taxes and Duties in connection with your purchase of any products on or through the Website.
VISA, MasterCard, American Express, Discover, or PayPal must make all payments for orders on this Website. Except as may be expressly set forth on this Website, Energy Muse does not accept any other payment form. The user’s credit card agreement with the issuer of such card shall govern its use, and the user must look only to that agreement and not to these Terms to determine any user’s rights and obligations. The user agrees to pay all fees and charges, including taxes incurred in connection with the user’s orders, at the rates in effect when the charges were incurred. Unless the user notifies Energy Muse of any discrepancies in charges for orders placed through this Website within sixty (60) days after they first appear on the user's credit card statement, the user agrees that such charges will be deemed accepted by the user for all purposes hereunder. If Energy Muse does not receive payment from the user’s credit card issuer or its agent, the user shall pay all amounts due upon demand by Energy Muse. The user shall remain responsible for any unauthorized charges to orders using the user’s credit card, including unauthorized use by a third party. If Energy Muse does not receive payments when they are due, then the user agrees to pay all amounts owed to Energy Muse upon demand by Energy Muse. If Energy Muse is unable to collect amounts owed on the user's accounts, Energy Muse may, at its sole discretion, refer those accounts to a collection agency, and the user will be responsible for all costs of collection, including costs and attorney fees.
We may offer special sales of our products at our sole discretion, such as our Subscription Boxes. Our subscription box consists of an initial product box (each, a “Box”) and an additional Box sent out each season after that. If you sign up for a CRYSTAL365 Box Subscription, you will be immediately billed USD 49.95 (plus shipping and taxes if applicable) as a non-refundable minimum purchase, and that season’s box will be the first box you receive. The specific Box you receive as a first-time subscriber is subject to availability or may be based on the particular promotional code that you choose to use. Your subscription will then continue according to our seasonal schedule, and your credit or debit card will be charged USD 49.95 (plus shipping and taxes, if applicable) up to a month before the subsequent seasonal Box shipment date and every season thereafter. The CRYSTAL365 Box Subscription is for an ongoing service billed each season (USD 49.95, plus shipping and taxes if applicable) and will be automatically charged to your payment method on file. Unless you cancel, you will continue to be charged as described above. You may cancel your Subscription with us at any time, but it must be prior to the next ship date.
POLICY FOR RETURN OF MERCHANDISE. By placing an Order on this Website, the user indicates that the user has read and agrees to Energy Muse’s returns policy. Our returns policy may be changed from time to time and is effective immediately after Energy Muse posts such changes on this Website. In addition, when using particular services on this Website, you agree that as a user, you are subject to any posted policies or rules applicable to any such services you use through this website that may be posted on this website from time to time. Any such posted policies or rules are hereby incorporated by reference into these Terms as if fully set forth herein.
- USER CONTENT AND REMOVAL
Energy Muse’s website may, at its sole discretion, provide user comment areas, chat rooms, message boards, interactive user communities, or other site areas where you may be able to interact with others and with us, as well as have the opportunity to submit text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, content, works of authorship, documents, data, questions, comments, suggestions, or other content, any of which may include personal information (collectively, “User Content”). You are solely responsible for User Content that you post, including any personal liability that results from your actions or omissions, including but not limited to those that are defamatory, obscene, or libelous, or that violate these Terms, an obligation of confidentiality, or the rights of others.
If any part of the User Content you post is not your original work, you acknowledge and agree that it is your sole and exclusive responsibility to obtain any necessary consents, permissions, and licenses to post, upload, or otherwise make it available on or through our website. Because we do not control the User Content posted on or through our website, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that accessing our website may encounter User Content that you may consider to be objectionable.
We have no responsibility for any User Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User Content posted, emailed, transmitted, or otherwise made available on or through our website.
You own User Content, but we may use it. You own the copyright in any original User Content you submit. We do not claim any copyrights in User Content. However, by using our website, you acknowledge and agree that you grant us and any of our subsidiaries, affiliates, licensees, successors, and assigns an unlimited, nonexclusive, paid-up, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, reproduce, copy, modify, adapt distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, commercialize and otherwise exploit for any purpose the User Content you post, in whole or in part, in any media or form of communication whether now existing or hereafter developed. In connection with any User Content, you at this moment waive any moral rights you now or may in the future have in and to such User Content. For clarity and without limiting the preceding, Energy Muse has no obligation to (i) obtain any additional consent from you in connection with its use or other exploitation of any of your User Content; (ii) to notify you in connection with the use or exploitation of the User Content; and (iii) compensate you in any way in connection with the use or exploitation of the User Content.
We may disclose and remove User Content. Energy Muse has the right but assumes no obligation to monitor our website and all User Content; require that you avoid certain subjects; remove or block any User Content at any time without notice at our sole and absolute discretion; disclose any User Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Energy Muse or others, or to enforce these Terms of Use; and terminate your access to and use of our website, or to modify, edit or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of User Content you post and that you will retain ownership thereof as described above.
Restrictions on User Content. It is a condition of these Terms that you do not upload, post, transmit or otherwise make available any User Content that is unlawful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy; any User Content that constitutes or encourages activity illegal under criminal or civil law; any User Content that is false, misleading, or fraudulent; any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); any User Content that violates or infringes upon the rights of others, including User Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity; any User Content that you know is false, fraudulent, deceptive, inaccurate, misleading, or that misrepresents your identity or affiliation with a person or company; any User Content that contains the image, name, or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian; any request for or solicitation of any personal or private information from any individual; any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment; or any User Content that contains advertising, promotions, or marketing, or which otherwise has a commercial purpose, except as expressly agreed by you and us; and any User Content that promotes violence or describes how to perform a violent act, impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule or regulation. By posting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Content and have the right to grant the license set forth in these Terms; (ii) the User Content is accurate, and (iii) you are at least eighteen years old, and you have read and understood—and your User Content fully complies with—these Terms and applicable laws and will not cause injury to any person or entity.
You understand and acknowledge that: (a) Energy Muse has broad access to content, information, ideas, suggestions, designs, and other materials that may be similar or identical to materials you submit to us; and (b) you will not be entitled to any compensation (nor will Energy Muse be obligated to negotiate with you) as a result of our use of any similar or identical material. Energy Muse is not obligated to post, keep, or use your User Content. We can remove Content; on certain pages of our website, we may provide you with a tool to report objectionable User Content. If that tool is unavailable, you can report objectionable User Content and other objectionable Content by contacting us. While we are not obligated to remove Content from our website merely because of a removal request, we will review all such requests. We will remove Content that we determine should be removed at our sole discretion and in accordance with these Terms and applicable law. Please be aware, however, that if the Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a backup or residual copy of the Content we remove from our website may remain on backup servers. With regard to a violation of copyrights, Energy Muse does not knowingly violate or permit others to violate their copyrights. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
IF YOU ARE REQUESTING REMOVAL OF CONTENT BECAUSE OF A VIOLATION OF YOUR COPYRIGHTS: please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on our website or has been otherwise copied and made available on our website in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our website (including the URL, title, and item number, if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf and
- Your statement must be addressed as follows:
Energy Muse Jewelry, Inc.
Attention: DMCA Request
2301 West 205th
Suite 103
Torrance, CA 90501
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Although we do not claim ownership of User Content you post using our website, and any User Content you post on or through our website that is specifically about how we can improve our website and the products and services we make available through our website and your posts, uploads, and comments (“feedback”) will be and will remain our exclusive property. Your submission of feedback will constitute an assignment to us of all worldwide rights, titles, and interests in your feedback, including all copyrights and other intellectual property rights in your feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any feedback that you do not wish to assign to us.
To the extent that the ownership of the feedback does not by operation of law vest in Energy Muse, you agree to irrevocably and unconditionally assign, transfer, and convey to Energy Muse, free and clear of any security interests, encumbrances, adverse claims, or demands, your entire right, title and interest throughout the universe in and to the feedback, including any rights that may exist, now or in the future, under the law of copyright, trademark, patent, industrial design, trade secret or other intellectual property laws of any jurisdiction. Whenever requested to do so, you agree to assist us and our designees in securing our rights in the feedback and related intellectual property rights in all countries. Your obligation to provide such assistance and execute it will continue in perpetuity. You agree to further absolutely, irrevocably, and unconditionally waive in favor of Energy Muse any moral rights (or other similar rights) that you and your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the feedback.
- THIRD-PARTY SERVICES AND CONTENT
Our website may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites, and we do not endorse or be responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Energy Muse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites. Further, functionality on our website may also permit interactions between our website and a third-party website or online feature, including, without limitation, applications that connect our website or your profile on our website with a third-party website; using this functionality typically requires you to log in to your account on the third party website, and you do so at your own risk.
- MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time to time to modify, edit, delete, suspend, discontinue, temporarily or permanently, our website (or any portion thereof) and the information, materials, products, and services available through our website (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any such modification, editing, deletion, suspension, or discontinuance of our website.
- DISCLAIMERS
Products sold by Energy Muse Jewelry, Inc. are specially designed to enhance the user’s own energy. Our jewelry and healing crystals are empowered by the user’s personal intentions to change or improve themselves. As an energy enhancer, Energy Muse Jewelry, Inc. products rely on the user to be effective. The responsibility for empowering the energy-enhancing capability of the jewelry and crystals by Energy Muse Jewelry, Inc. is solely with the user. Therefore, Energy Muse Jewelry, Inc. products do not constitute a warranty, guarantee, or prediction regarding the outcome of an individual using any specific product. While all our products are sold and advertised in good faith, results and outcomes do vary and cannot be guaranteed. Energy Muse Jewelry, Inc. accepts no responsibility or liability for the effectiveness of the products sold herein.
We at Energy Muse are not doctors and cannot give out medical advice. Healing crystals should be used as a complement to other therapies and not as a replacement for medical treatment, diagnosis, or examination. For medical advice, please consult a licensed healthcare specialist.
When you purchase or use an Energy Muse product, you agree to fully release, indemnify, and hold harmless Energy Muse, its principals, owners, personal representatives, consultants, employees and assigns from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, which you may incur arising at any time out of or in relation to your use of the Products sold on this website. If any court of law rules that any part of the Disclaimer is invalid, the Disclaimer stands as if those parts were struck out.
We at Energy Muse have your best intentions at heart. We sincerely hope that each of our users has a positive and insightful experience with our Products. If you have any questions regarding the above, please contact us by email or mail.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OUR WEBSITE OR ITS CONTENT OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH OUR WEBSITE. OUR WEBSITE AND ALL OF ITS CONTENT (INCLUDING USER CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ENERGY MUSE, ANY OF ITS AFFILIATES AND SUBSIDIARIES, DIVISIONS, JOINT VENTURES, LICENSORS, AND THIRD-PARTY SERVICE OR CONTENT PROVIDERS, AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS, ITS AFFILIATES, (“ENERGY MUSE AFFILIATES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO OUR WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH OUR WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ENERGY MUSE AND THE ENERGY MUSE AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF OUR WEBSITE; (C) THAT THE CONTENT OF OUR WEBSITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT OUR WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH OUR WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
ENERGY MUSE AND THE ENERGY MUSE AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED ENERGY MUSE SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER CONTENT, AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF ENERGY MUSE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF OUR WEBSITE, THE CONTENT, THE USER CONTENT, AND THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH OUR WEBSITE OR THAT ARE PROMOTED OR ADVERTISED ON OR THROUGH OUR WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ENERGY MUSE, ON ITS OWN BEHALF AND ON BEHALF OF THE ENERGY MUSE PARTIES, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE, CONTENT, USER CONTENT OR ANY OF THE PRODUCTS OR SERVICES THAT AVAILABLE ON OR THROUGH OUR WEBSITE OR THAT ARE PROMOTED OR ADVERTISED ON OUR WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR USE OF A USER ACCOUNT, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENERGY MUSE AND THE ENERGY MUSE PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ENERGY MUSE OR THE ENERGY MUSE PARTIES SHALL NOT EXCEED TEN DOLLARS ($10.00).
Our website gives you specific legal rights; you may also have other rights that vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
- INDEMNIFICATION
You agree to indemnify, defend and hold Energy Muse and the Energy Muse Parties, and their respective officers, agents, partners and employees, harmless from any loss, damage, costs liability, claim, demand, proceeding, action or expense (including reasonable attorneys’ fees) brought, made or threatened by any third party against Energy Muse and/or the Energy Muse Parties due to, in connection with or arising out of (i) your use, misuse or access to our website; (ii) your breach or violation of these Terms, including without limitation, any breach of your obligations, representations and warranties set forth above; (iii) your infringement or other violation of any third party right, including without limitation, intellectual property, property or privacy right; (iv) any claim that any of your User Content or other materials caused damage to Energy Muse, an Energy Muse Party or any third party, including without limitation, if any material that you post using our website causes us to be liable to another; (vi) any transaction you conduct on or through our website or as a result of the contact facilitates by our website; or (vii) any activity using your email address and password by you or any other person accessing our website, the Content, the User Content or any other information or materials using your account, email address, or other contact information . We reserve the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. You will not, in any event, settle any claim without the prior written consent of Energy Muse.
At Energy Muse, we take every measure to ensure that our customers are able to make the best, most well-informed decisions for their mind, body, and spirit. Even natural components, such as pearls and cut and polished stones, may include chemicals. Prop 65 grants California consumers the right to know which components contain lead or chemicals that are known to be hazardous and cause cancer, congenital disabilities, and reproductive harm. In order to be abundantly cautious for our consumers, we have decided to place this warning and information on our site. To help you better understand these issues concerning your health and safety, we have comprised a list of warnings, as well as California jewelry-making classifications:
Crystals
California requires the following notice:
These products may contain chemicals known to the State of California to cause cancer, congenital disabilities, and other reproductive harm
Jewelry
California requires the following notice:
These products may contain chemicals known to the State of California to cause cancer, congenital disabilities, or other reproductive harm
Class 1 materials
Stainless or surgical steel; karat gold; sterling silver; platinum, palladium, iridium, ruthenium, rhodium, or osmium; Natural or cultured pearls; Glass, ceramic, or crystal decorative components, including cat’s eye, cubic zirconia, cubic zirconium (CZ), rhinestones, and cloisonné; Gemstones cut and polished for ornamental purposes (excluding aragonite, bayldonite, boleite, cerussite, crocoite, ekanite, linarite, mimetite, phosgenite, samarskite, vanadinite, and wulfenite); Elastic, fabric, ribbon, rope, or string (unless it contains intentionally added lead and is listed as a class 2 material); All natural decorative material, including amber, bone, coral, feathers, fur, horn, leather, shell, wood, that is in its natural state and is not treated in a way that adds lead; and Adhesive.
Class 2 materials
Electroplated metal: On and before August 30, 2009, a metal alloy 10% lead by weight electroplated with suitable under and finish coats. After August 31, 2009, a metal alloy 6% lead by weight electroplated with suitable under and finish coats; Unplated metal 1.5% lead not otherwise listed as a class 1 material; Plastic or rubber, including acrylic, polystyrene, plastic beads and stones, and polyvinyl chloride (PVC): On and before August 30, 2009, 0.06% (600 ppm) lead by weight After August 31, 2009, 0.02% (200 ppm) lead by weight; and A dye or surface coating containing 0.06% (600 ppm) lead by weight.
Class 3 materials
Any portion of jewelry that meets both of the following criteria: Not a Class 1 or Class 2 material Contains 0.06% (600 ppm) lead by weight. Note that Class 2 and Class 3 materials carry lead restrictions.
- BATH & BEAUTY PRODUCTS
Energy Muse, as seller and manufacturer, is not responsible for the misuse of our products, including bath and beauty products, nor shall Energy Muse Jewelry Inc. or its affiliates be held responsible for any injuries, damages, or losses resulting from the use of Energy Muse’s products. The purchase of Energy Muse’s products signifies your acceptance of this statement and releases Energy Muse and its affiliates from all liability.
Energy Muse makes no claim to treat or cure any illness or health condition with these products. Energy Muse is NOT responsible for misuse or adverse reactions to the products sold through this website, such as essential oil blends, fragrance blends, or herbs.
All products sold at Energy Muse are created and charged with specific intentions, spiritual energies, and planetary alignments. However, please keep in mind they do not “promise” desired results, and we cannot guarantee that Energy Muse products will provide you with any desired or specific outcome.
SAFETY INFORMATION: DO NOT take Essential oils internally. Do not apply undiluted essential oils, absolutes, CO2s, or other concentrated essences onto the skin. If you are pregnant, epileptic, have liver damage, have cancer, or have any other medical condition, use essential oils only under the proper guidance of your Doctor or Naturopathic Doctor.
DO NOT USE HERBS AND OILS WHILE PREGNANT OR ON CHILDREN OR PETS WITHOUT CONSULTING YOUR DOCTOR, HOLISTIC PRACTITIONER, OR VETERINARIAN FOR PETS.
Only use oils on your children or pets that are listed as safe for them. A skin patch test should be conducted prior to using an essential oil that you have never used before.
Although we try our utmost to provide valuable and accurate information, you are responsible for researching and verifying information before relying on it. The information we provide is not intended to be a substitute for medical treatment or medical diagnosis. You are responsible for consulting a medical professional or other licensed healthcare professional before trying any new product purchased on energymuse.com or any related Energy Muse materials.
- DISPUTES, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER
Any dispute relating in any way to your use of this website or to products you purchase from us shall be arbitrated by a state or federal court in California, and you consent to the exclusive jurisdiction and venue of such courts. These Terms include an Arbitration, which will govern any dispute between you and us. Unless you opt-out as described below, this Arbitration Agreement will eliminate your right to a trial by jury and Substantially affect your rights, including preventing you from bringing, joining, or participating in class or consolidated proceedings.
CANADIAN RESIDENTS ONLY: Laws of certain provinces of Canada limit or prohibit required arbitration and waivers of class actions; accordingly, the Arbitration Agreement is limited or restricted, if at all, for applicable Canadian residents to the extent of applicable Canadian laws.
MANDATORY BINDING INDIVIDUAL ARBITRATION: Except as expressly provided below, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between you and Energy Muse (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
WAIVER OF CLASS ACTIONS: You and Energy Muse each agree that each party will assert Claims in arbitration only in our individual capacity and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general, or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
WAIVER OF JURY TRIAL: Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve all Claims by binding arbitration.
OPT-OUT: You may opt out of this Arbitration Agreement if you mail Energy Muse a signed, written opt-out notice within thirty (30) days of your initial visit to our website. Any opt-out notice shall include the following information and be mailed to our physical mailing address.
INCLUDE IN YOUR LETTER:
Your name, address, date sent, contact information, statement that you request to “Opt-out of arbitration,” a description of the specific Terms upon which you base your request, state your reasoning for your opt-out request, your signature, and lastly, mail to our address:
Energy Muse
Attention: DMCA Request
2301 West 205th Street
Suite 103
Torrance, CA 90501
SMALL CLAIMS ARE NOT SUBJECT TO ARBITRATION: Either party may bring individual Claims in small claims court.
ARBITRATION PROCEDURES: Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
ARBITRATION PROVIDER: Each party will initiate arbitration before JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider (“ADR Provider”). In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case.
ARBITRATION RULES: The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
ARBITRATION LOCATION: If an in-person hearing is required, then it will take place in Torrance, California, or upon your request, the Arbitrator may consider choosing from the following additional locations: St. Louis, MO; New York City, NY; or Atlanta, GA, based upon your distance from your location of residence; and if the claimant primarily resides outside the United States, in which case the Arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings.
FEES: Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
ARBITRATOR’S AUTHORITY AND AWARD: The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages and grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
GOVERNING LAW: This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
CONFIDENTIALITY: All aspects of the arbitration proceedings, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
Canadian Residents Only. Laws of certain provinces of Canada limit or prohibit required arbitration and waivers of class actions; accordingly, the Arbitration Agreement is limited or restricted, if at all, for applicable Canadian residents to the extent of applicable Canadian laws.
Energy Muse strives to ensure that its services are accessible to people with disabilities. www.energymuse.com has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the firm belief that every person has the right to live with dignity, equality, comfort, and independence.
Accessibility on www.energymuse.com: Energy Muse makes the UserWay Website Accessibility Widget available, which is powered by a dedicated accessibility server. The software allows www.energymuse.com to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).
Enabling the Accessibility Menu: The www.energymuse.com accessibility menu can be enabled by clicking the accessibility menu icon that appears on the corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.
Disclaimer: Energy Muse continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible, and unhindered use also for those of us with disabilities.
In an ongoing effort to continually improve and remediate accessibility issues, we also regularly scan www.energymuse.com with UserWay's Accessibility Scanner to identify and fix every possible accessibility barrier on our site. Despite our efforts to make all pages and content on www.energymuse.com fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.
Here For You: If you are experiencing difficulty with any content on www.energymuse.com or require assistance with any part of our site, don't hesitate to email us during regular business hours, and we will be happy to assist.
Contact Us: If you wish to report an accessibility issue, have any questions, or need assistance, don't hesitate to contact Energy Muse Customer Support by:
email: info@energymuse.com,
mail: Energy Muse
2301 West 205th Street
Suite 103
Torrance, CA 90501
- NO ASSIGNMENT
These Terms are not assignable, transferable, or sublicensable by you except with the prior written consent of a duly authorized Energy Muse employee.
- WAIVER
Our failure at any time to require the performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Energy Muse of any breach of any provision of these Terms or any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
- SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect.
- APPLICABLE LAW AND CHOICE & CONFLICT OF LAWS – CALIFORNIA LAW
These Terms shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. For any dispute that is not subject to the Arbitration Agreement herein, the parties at this moment submit to and consent to the jurisdiction of the State of California and agree that such litigation shall be conducted in the courts of Los Angeles County or the federal courts for the United States for the Central District of California with jurisdiction over Los Angeles County.
- ENTIRE AGREEMENT
These Terms are applicable to you, including the Privacy Policy, and contain the entire understanding and agreement between you and Energy Muse with respect to our website; and the Terms supersede and void all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Energy Muse with respect to our website and your use of our website.
- MISCELLANEOUS TERMS
The terms “herein,” “hereof,” and “hereunder” and other words of similar import refer to these Terms and any agreement into which these Terms are incorporated by reference, including, without limitation, any Registration Agreement, as a whole and not to any particular provision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations.
These Terms, together with any agreement into which these Terms are incorporated by reference, including, without limitation, any Registration Agreement, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms may be waived only in writing and signed by an authorized representative of Energy Muse. No waiver by Energy Muse of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and the failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right that may be exercised at any subsequent time.
If any provision hereunder shall be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from the other provisions hereunder and shall not affect the validity and enforceability of any other provisions hereunder. Energy Muse shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.
Access to or use of this Website by a user shall not be construed as Energy Muse’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Illinois. User’s agreement to these Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts or choice of laws principles. In any dispute arising hereunder or otherwise connected with this website or these Terms, the parties hereto consent exclusively to the personal jurisdiction of the Federal or state courts located in the State of Illinois, County of Cook.
These Terms shall be binding on the successors and assigns of the parties, including, but not limited to, the indemnity obligations set forth herein, but a user may not assign, transfer, or delegate its rights or obligations under these Terms without Energy Muse’s prior express written consent. No right or remedy conferred upon or reserved to Energy Muse by these Terms shall be exclusive of any other right or remedy herein or by contract or law, and all rights or remedies conferred upon Energy Muse by these Terms and by law shall be cumulative and in addition to any other right or remedy available to Energy Muse.
- CONTACT US
If you have any questions about these Terms, our website, or if you have any questions about our Privacy Policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Please send us an email, mail, or call us:
Email: info@energymuse.com
Mail: Energy Muse Street
2301 West 205th
Suite 103
Torrance, CA 90501
Privacy Policy
At Energy Muse, we value your privacy and strive to respect data protection principles. While we may not fully meet the regulatory thresholds of the California Consumer Privacy Act (CCPA) or the General Data Protection Regulation (GDPR), we voluntarily align with certain principles inspired by these privacy laws to enhance the protection of your personal information and to promote transparency in our data practices. This means that we endeavor to provide privacy protections consistent with these frameworks where feasible, without certifying full compliance.
For California residents, we offer rights inspired by the CCPA, such as data access, correction, deletion, and opt-out options for data sharing under certain circumstances. For European Union users, we strive to uphold similar privacy principles aligned with GDPR, including the right to request data access, deletion, or data portability, when applicable. Our practices reflect our commitment to privacy, but they are not intended as an assurance of compliance with either the CCPA or GDPR unless otherwise required by law.
TABLE OF CONTENTS – OUR PRIVACY POLICY
- OUR DATA COLLECTION AND PRACTICES
- We care about your privacy
- We collect information
- Right to access
- Right to correction
- Right to be forgotten
- Right to restrict processing
- Right to data portability
- Right to object
- Right to opt-out of the sale of personal information
- Data breach notification
- Energy Muse data protection officer
- We do not meet the thresholds for the General Data Protection Regulation
(“GDPR”) and it does not apply.
- We do not meet the thresholds for the California Privacy Act, as amended
(“CCPA”) and it does not apply.