Updated: June, 2024

Introduction

Welcome to emotive.energy (the “Website“). The Website is owned and operated by emotive.energy, LLC (“us” or “we“). Please read these website Terms of Use carefully before using this website (“website”). These website Terms of Use (“Terms of Use” or “Terms”) govern your access to and use of the website. The Website is available for your use only on the condition that you agree to the Terms of Use set forth below. If you do not agree to all of the Terms of Use, do not access or use the Website. By accessing or using the Website, you and the entity you are authorized to represent (“you” or “your”) signify your agreement to be bound by these Terms of Use. By accessing the website and purchasing goods and/or services, you agree to the Company’s Purchase and Refund Policy which is incorporated into these Terms of Use.

Modification/Privacy Policy

We reserve the right to modify or amend these Terms of Use from time to time without notice. Your continued use of the Website following the posting of changes to these Terms will mean you accept those changes. Additional terms and conditions may apply to the purchase of products and/or services. By using this Website, you agree to such terms and conditions, as well as these Terms of Use and our Privacy Policy (available here).

Limitation of Liability/Disclaimer of Warranties

Except as otherwise set forth on this Website, including without limitation the specific descriptions of products and services, this Website, the products and/or services offered on it and the transactions conducted through it are provided by us on an “as is” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products, or services included on this Website. You expressly agree that your use of the Website or any part of it is at your sole risk. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. This Website may include inaccuracies, mistakes, or typographical errors. We do not warrant that the content will be uninterrupted, error free, or free from viruses or other harmful components. 

To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, indirect, incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.

emotive.energy LLC is not responsible or liable for any loss or damages incurred as a result of any dealings with any third-party or co-branded website, or any other person with while you engage in any transaction.

Medical Opinions

Any information included in the Website or communicated, conveyed, or otherwise provided to you by emotive.energy, its employees, officers, and/or agents is neither medical opinion or medical advice nor intended to be used as a substitute for medical treatment by a licensed physician or other healthcare provider. No information included in the Website or communicated, conveyed, or otherwise provided to you by emotive.energy, its employees, officers, and/or agents is mental health treatment or mental health advice or intended to be used as a substitute for mental health treatment by a licensed psychologist, psychiatrist, or other mental health provider. If you require medical or mental health treatment, you should consult a licensed healthcare or mental health provider.

Intellectual Property

The intellectual property in the products and/or services contained on the website, including methods, are owned or licensed by emotive.energy and are protected by applicable law including United States and international intellectual property laws. Products, services, or other items downloaded from the website constitute a grant of a license. The license shall automatically terminate if you violate any of these restrictions of the Terms of Use, and may be terminated by emotive.energy at any time.

Unless expressly provided otherwise, all content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, custom software is the sole and exclusive property of emotive.energy LLC, our affiliates, or other relevant third parties. You acknowledge that such material is protected by United States and international law. We take our intellectual property rights seriously and search for infringing uses of our copyrighted material, such as copying, passing off as your own, or other infringing uses, whether personal or commercial.

You agree not to reproduce, copy, distribute, store, or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by emotive.energy LLC. If you desire to use the information on this Website other than by viewing it for your personal use, we may offer licenses at our sole discretion for a fee. If you are found using the information other than as explicitly allowed by these Terms of Use, we will notify you, bill you accordingly, and may take further legal action against you.

Logos, slogans and catchphrases, design aspects of the site, icons, scripts, and service names appearing on the Website or elsewhere are trademarks of emotive.energy and protected by applicable law. These trademarks help consumers identify emotive.energy as the source of information or materials bearing the logo, slogan, or other trademarked design and may not be sed by you in any way that is likely to cause confusion among consumers, implies a connection or endorsement, or that undermines or discredits the brand.

Read more about our Intellectual Property & Trademark Policy here.

Affiliations and Links

emotive.energy makes no warranties and otherwise disclaims any affiliation with any other company unless expressly stated otherwise. emotive.energy may display icons, links, and/or logos on the Website, but displaying such items shall not indicate, insinuate, or suggest emotive.energy has any affiliation with such company, organization, or individual unless expressly stated otherwise.

We will post about or allow third parties to post about information and services provided by companies other than emotive.energy from time to time. We do not warrant the offerings of these third parties or the safety of their sites. We do not assume any responsibility for their actions, or the outcome of using their products, services, and/or content. You are advised, and agree, to review the terms and privacy policy governing the information, services, and goods of third parties you may learn about on our Website.

When you visit the Website, you could be directed to other sites beyond our control including links to other websites. When you click on a link that directs you away from our Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third-party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the homepage of the Website without our prior permission. To find out more, please contact us for Additional Assistance.

Availability of the Website

The Website is provided “as is” and on an “as available” basis. We use industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website will be free of defects and/or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.

We are not liable for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.

Your Commitments

In return for our commitment to provide the products and services offered on the website, we require you to make the below commitments to us.

Who Can Use Emotive Energy. We want our products and services to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions.

• You agree to use this Website for personal and non-commercial use.

• You must be at least 18 years old or between the ages of 13 years old and 18 years old.

• Persons under the age of 18 should use the Website only with the supervision of a Parent or Legal Guardian. Payment information must be provided by or with the permission of an Adult. 

• You must not be prohibited from receiving any aspect of our products or services under applicable laws or engaging in payments related to products or services if you are on an applicable denied party listing.

• We must not have previously turned you away/denied access to you for violation of law or any of our policies.

• You acknowledge that emotive.energy LLC reserves the right to monitor any and all communications made to us or using our system and/or platform.

• You acknowledge emotive.energy LLC may retain copies of any and all communications made to us or using our system and/or platform.

• You acknowledge any information you send to us through our system and/or platform may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.

• Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

You may use the website and its products and services only in compliance with these Terms of Use and all applicable law, rules, and regulations. Access to the Site may not be legal by certain persons or in certain jurisdictions. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Our products and services evolve. As such, the products and services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the products or services or any features within the products or services to you or to users generally. We reserve the right to refuse service, terminate accounts, terminate relationships, remove or edit content, or cancel orders in our sole discretion.

Additional User Restrictions. Website users agree not to engage in the conduct below:

• You may not use our products or services to do or share anything:

• That breaches these Terms of Use.

• That is unlawful, discriminatory, misleading, fraudulent, abusive, threatening, harassing, defamatory, ageist, sexist, or racist or that is intended to promote or incite violence.

• Use obscene or vulgar language.

• That infringes or breaches someone else’s rights, including their intellectual property rights.

• You may not upload viruses or malicious code, or do anything that could disable, overburden, or impair the proper working or appearance of the website and/or our products and/or services.

• You may not access or collect data from our website and/or products and/or services using automated means (without our express, prior permission) or attempt to access data that you do not have permission to access.

• You may not engage in tactics to gain an unpermitted benefit from the Website, such as hiding logos or content to improve search rankings.

• You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the emotive.energy servers than a human can reasonably produce in the same period of time by using a conventional online web browser.

• You agree not to collect or harvest any personally identifiable information, including account names, from the Website nor to use the communication systems provided by the Service for any commercial solicitation purposes.

• You agree not to use any portion of the Website as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.

• You may not knowingly or negligently use this website or its products or services in a way that abuses or disrupts our networks or any other service emotive.energy provides.

• The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws.

• You shall not impersonate other people, particularly employees and/or representatives of emotive.energy LLC or our affiliates.

• You may not use our system for unauthorized mass communication such as “spam” or “junk mail.”

• You may not resell or make other commercial use of any of the content on this site, such as by downloading, copying, duplicating, reproducing, or otherwise removing information from the Website for your or a third party’s commercial benefit, whether manually or by electronic means.

• You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify emotive.energy immediately of any breach of security or unauthorized use of your account. Although emotive.energy will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of emotive.energy or others due to such unauthorized use.

User Accounts

To use the services on the Website, you are required to create an account containing personal details and payment information that may vary based upon your individual use of the Website although we may not require payment information until you wish to make a purchase. 

By creating an account and continuing to use this Website and the services and/or products it provides, you warrant that all information you submit is accurate and truthful, you are authorized and/or have permission to submit payment information where permission may be required, and you will keep such information accurate and up-to-date.

We recommend you do not share your account details and/or login credentials with anyone. We accept no liability for any loss or damage incurred as a result of your account details having been shared by you. If you use a shared computer or device, we recommend you do not save your account details in your preferred internet browser.

If you have reason to believe your account details have been obtained by another individual without consent, contact us immediately to suspend your account and cancel any unauthorized orders and/or purchases or payments that may be pending. Please be aware that orders or payments may only be canceled until provision of services has commenced. In the event an unauthorized provision commences prior to your notifying us of the unauthorized nature of the order or payment then you may be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

We can refuse to provide or stop providing all or part of the products or services the website offers (including terminating, suspending, or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe on other people’s intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated, disabled, or suspended in error, or you want to disable or permanently delete your account, please request Additional Assistance.

emotive.energy may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Site without notice and liability, if, in emotive.energy’s sole determination, you violate any of these Terms, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with a non-Edition email address. Upon termination for any reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other User. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.

We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this agreement and we may do this with or without giving you any prior notice.

Services and Orders

Our acceptance of an order will be indicated by us by sending you an order confirmation email. We aim to fulfill your order within 2-3 working days or within a reasonable period following confirmation of your order.

If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days. Payment for services/orders may be taken via your chosen payment method immediately.

We shall use all our reasonable efforts to provide the services/products we provide with reasonable skill and care, commensurate with best trade practice.

Additional terms and conditions may apply to the services and/or products you purchase and you will be asked to read and confirm your acceptance of any such terms and conditions when completing your order(s).

Jurisdiction and Dispute Resolution

These Terms of Use shall be construed in accordance with the laws of the State of California, United States, without regard to any conflict of law provisions and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of California. 

Any dispute relating in any way to your visit to our website or to products and/or services you purchase through our website shall be submitted to confidential, binding arbitration pursuant to the American Arbitration Association rules then in effect in Orange County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration or litigation involving any other party subject to these Terms of Use.

Electronic Communications

Visiting the website and/or contacting us through the website or by email constitutes electronic communication. You consent to receive communications from us electronically. You agree and consent that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may use your Account Settings to control your User account. You may use your User settings to opt out of many Service-related communications. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the preferences in your Settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. 

Severability

The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Additional Assistance

If you have any questions or concerns about these Terms of Use, please contact us at admin@emotive.energy or write us at:

emotive.energy, LLC
1968 S. Coast HWY, Suite 3310
Laguna Beach, California 92651