MEMBERS ONLY -
The Essene Humane Society is a duly registered, not-for-profit religious society, protected under the auspices of the Constitution of the United States of America, whereby we provide information and spiritual guidance to our friends, family members, business associates and partners, regarding the most ancient Essene concepts of non-violence, which predate the more modern precepts of Ahimsa. As pioneers in the concept of enterprise fundraising (a valuable and viable alternative to begging for grant money and donations), we also provision our friends, families, business associates and partners, with consultations, advice, recommendations, campaign concepts, marketing tools, product development and design, and the provision of other pertinent educational resources regarding sustainability and enterprise fundraising methodologies; all with a view to supporting the same, both spiritually and financially. We likewise, own and manage a repository of proprietary intellectual property, which includes, but is not limited to sustainable biotechnology and other relative knowhow.
As such, we are a small, close-knit circle of friends, who act as independent consultants, operating with the intent to provide both ancient and ultra-modern know-how and other educational tools and materials, to individuals, business entities, national scale primary industries, not-for-profit entities, non-profit organizations, and sovereign governments that seek to effect a graceful transition towards sustainable lifestyles and socially responsible business methodologies.
With an immediate collective familial history of over 120 years of advocating sustainability concepts and practices, we also lay claim to being counted among the earliest, post-modern pioneers in the field of sustainable lifestyles, urban reform, and industrial-scale sustainable business practices, dating back to the more well-known events which, were debuted in the late 1960s and early 1970s; thereby having inspired countless significant others to embrace Sustainable Enterprise Fundraising concepts and Socially Responsible Investment practices. Of course, in truth, as a religious society, our Essene-oriented sustainability practices date back thousands of years to times immemorial.
In modern times, we trace our influential activities regarding Sustainable Lifestyle Practices to an era that predates the current, politically correct, and contemporarily fashionable use of words such as, “sustainability” and currently trending state-sponsored corporate business structures now known as, “Public Benefit Corporations.” We have been actively engaged in the promotion of genuine organic farming techniques and earth-friendly movements, socially responsible investment initiatives, and environmental protection campaigns since the early 1960s.
Therefore, in harmony and accordance with the now popularized 17 United Nations Sustainability Goals, through the provision of both public-domain know-how and our own proprietary biotechnologies, we assist individuals and businesses, and governments to be more effective in realizing and accelerating graceful transitions toward their goals of achieving sustainability by the year 2030.
While we assist in the development of multi-platform content for live and online events, we simultaneously endeavor to identify, convene and promote the inception of appropriate partnerships, and facilitate ethical mergers and acquisitions, as we advise in the creation of unique earth-friendly products and multicultural events with the ongoing intent to lead others toward ethical acceleration of progress towards the Sustainability Goals as defined by the United Nations 17 Goals.
Our immediate goal, as sustainability consultants, is to accelerate progress towards a cleaner, safer, just future, free from bigotry and unwarranted prejudice, wherein extreme poverty has been eliminated, issues regarding climate change have been correctly and efficiently addressed, and where issues of injustice and inequality are recognized and remedied in a practicable manner.
We do not subscribe to, nor do we promote superstitious nonsense. We rely on empirical scientific proofs whilst preserving a healthy respect for the mysterious and unfathomable aspects of the miraculous natural universe that surrounds us. Among our many noteworthy projects, we are pioneering a new field of science, and we call it, “Primordiogencs.”
We consult, advise and assist like-minded individuals, business entities, NPOs and NGOs, and sovereign governments to organize, introduce and advise various communications and campaign specialists, who influence and govern global networks, campaign organizations, private sector partners, national and international governments, UN agencies, celebrities and public figures, and social influencers.
Areas of primary interest, research and product development include: plant-based proteins, plant-based preventive medicine, symbiotic consortia of probiotic organisms, clean beauty cosmetics, essential functional foods that boost the immune system, clean eating, aromatherapy, aromachology, natural pharmacology, and the healing effects of sound, music and inaudible harmonics.
"In 2009, the United Nations General Assembly proclaimed 22 April as International Mother Earth Day. In so doing, Member States acknowledged that the Earth and its ecosystems are our common home, and expressed their conviction that it is necessary to promote Harmony with Nature in order to achieve a just balance among the economic, social and environmental needs of present and future generations. The same year, the General Assembly adopted its first resolution on Harmony with Nature.
The General Assembly has widely acknowledged that the world's depletion of natural resources and rapid environmental degradation are the result of unsustainable consumption and production patterns which have led to adverse consequences for both the Earth and the health and overall well-being of humanity. The scientific community has well-documented evidence that our present way of life, in particular our consumption and production patterns, has severely affected the Earth's carrying capacity.
Loss of biodiversity, desertification, climate change and the disruption of a number of natural cycles are among the costs of our disregard for Nature and the integrity of its ecosystems and life-supporting processes. As recent scientific work suggests, a number of planetary boundaries are being transgressed and others are at risk being so in a business-as-usual world. Since the industrial revolution, Nature has been treated as a commodity that exists largely for the benefit of people, and environmental problems have been considered as solvable through the use of technology. In order to meet the basic needs of a growing population within the limits of the Earth's finite resources, there is a need to devise a more sustainable model for production, consumption and the economy as a whole.
Devising a new world will require a new relationship with the Earth and with humankind's own existence. Since 2009, the aim of the General Assembly, in adopting its nine resolutions on Harmony with Nature, has been to define this newly found relationship based on a non-anthropocentric relationship with Nature. The resolutions contain different perspectives regarding the construction of a new, non-anthropocentric paradigm in which the fundamental basis for right and wrong action concerning the environment is grounded not solely in human concerns. A step in this direction was further reaffirmed in the outcome document of the United Nations Conference on Sustainable Development (2012), entitled "The future we want":
"We recognize that planet Earth and its ecosystems are our home and that "Mother Earth" is a common expression in a number of countries and regions, and we note that some countries recognize the rights of nature in the context of the promotion of sustainable development."
For Support during business hours and to speak to a Human Being, Mon~Fri Japan Standard Time 10:00 am – 5:00 pm.
By your continued attempt to access this website and products or to communicate with us by calling or texting our customer support telephone numbers you are Agreeing to the TERMS OF SERVICE.
These terms and conditions create a contract between you and Essene Humane Society (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, you may choose to click on any link of this website, whereby your choice to click on any link of this website constitutes your agreement, and you also confirm “Agreement” by commencing or completing a payment procedure option. By your continued attempt to access this website and products or to communicate with us by calling or texting our customer support telephone numbers you are Agreeing to the TERMS OF SERVICE.
A. INTRODUCTION TO OUR TERMS OF SERVICE
This Agreement governs your use of Essene Humane Society’s services (“Services”), through which you can buy, get, license, rent or subscribe to content, receive educational services, and consultations regarding best practices in sustainable living methodologies, (collectively, “Content”). Content may be offered through the Services by Essene Humane Society or a third party. Our Services are available for your use in your country or territory of residence (“Home Country”). By creating an account for use of the Services in a particular country or territory you are specifying it as your Home Country. To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
B. USING OUR SERVICES
PAYMENTS, TAXES, AND REFUNDS
You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Essene Humane Society, and/or you and the entity providing the Content on our Services. However, if you are a customer of Essene Humane Society Essene Community Life Church (an IRS Federally registered religious society), Essene Humane Society Essene Community Life Church (an IRS Federally registered religious society) is the merchant of record for the Content you acquire from certain Services (e.g., Essene Humane Society Books, App Store, PDF files, and live and or in-person consultations, etc.) as displayed on the product page and/or during the acquisition process for the relevant Service.
Essene Humane Society will charge your selected payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes.
All Transactions are final. From time to time, Essene Humane Society may refuse a refund request due to Force Majeure, or acts of Godde, or if we find evidence of criminal negligence, gross mismanagement, fraud, data abuse, or other manipulative behavior that entitles Essene Humane Society to a corresponding counterclaim.
Using our Services and accessing your Content may require an Essene Humane Society Membership ID. An Essene Humane Society Membership ID is the account you use across Essene Humane Society’s ecosystem. Use of our website and global network of affiliates is subject to this Agreement and also requires the prior written consent of other affected parties or individuals. Your account is valuable, and you are responsible for maintaining its confidentiality and security. Essene Humane Society is not responsible for any losses arising from the unauthorized use of your account. Please contact Essene Humane Society if you suspect that your account has been compromised.
You must be age 18 (or equivalent minimum legal adult age in your Home Country, as set forth in the registration process) to create an account and use our Services. Essene Humane Society Membership IDs for persons under this age can not be created by a parent or legal guardian nor by an approved educational institution.
SERVICES AND CONTENT USAGE RULES
Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Essene Humane Society may monitor your use of the Services and Content to ensure that you are following these Usage Rules.
– You may use the Services and Content only for personal, noncommercial purposes (except as set forth in any fully executed, mutually agreed, written corporate operating agreements by and between the Parties bound by this very Agreement).
– Essene Humane Society’s delivery of Services or Content does not transfer any commercial or promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright, trademark or patent or intellectual property owners.
– It is your responsibility not to lose, destroy, or damage Content once you have acquired the data. We encourage you to back up your Content and data regularly.
– You may not tamper with or circumvent any security technology included with the Services.
Essene Humane Society Music:
– An Individual Essene Humane Society Music membership allows you to stream on a single device at a time; a Family membership allows you or your Family members to stream on up to six devices at a time.
You may be limited in the amount of Content you may download or acquire, and some downloaded Content may expire after a given amount of time after downloaded or first acquired. Certain Content may not be available for download at all.
The Services and certain consulting services may allow you to purchase access to Content or Services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in writing in accordance with laws of the State of Delaware, USA. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription at least 24 hours before the free trial ends.
When your Paid Subscription to any Service ends, you will lose access to any functionality, data or Content of that Service that requires a Paid Subscription.
THIRD-PARTY DEVICES AND EQUIPMENT
If you use our Services in a non-Essene Humane Society-branded commercial event or exercise, you may not be able to access all features, data or Content types. Terms in this Agreement relating to unavailable features or Content types are not applicable to you. If you later choose to access our Services from an Essene Humane Society-branded medium, you agree that all terms of this Agreement will apply to your use on such activity. Additionally, certain Services may require, direct, or suggest you use third-party permissions or equipment in some circumstances and/or for certain activities; such use is subject to the terms and conditions of such third-party permissions and equipment licenses and should be made in accordance with the applicable manufacturer’s instructions.
C. YOUR SUBMISSIONS TO OUR SERVICES
Our Services may allow you to submit or post materials such as comments, ratings and reviews, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please use the Report a Concern feature. You hereby grant Essene Humane Society a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing, and Essene Humane Society internal purposes. Essene Humane Society may monitor and decide to remove or edit any submitted material.
Submissions Guidelines: You may not use the Services to:
– post any materials that (i) you do not have permission, right or license to use, or (ii) infringe on the rights of any third party;
– post objectionable, offensive, unlawful, deceptive, inaccurate, or harmful content;
– post personal, private or confidential information belonging to others;
– request personal information from a minor;
– impersonate or misrepresent your affiliation with another person, or entity;
– post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
– post, modify, or remove a rating or review in exchange for any kind of compensation or incentive;
– post a fake rating or review;
– plan or engage in any illegal, fraudulent, or manipulative activity.
D. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION OF DATA IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION OF DATA AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION OF DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION OF DATA AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OF DATA OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
E. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION OF DATA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
F. You may not use or otherwise export or re-export the Licensed Application of Data except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application of Data was obtained. In particular, but without limitation, the Licensed Application of Data may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
G. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Essene Humane Society shall be governed by the laws of the State of Delaware, USA, excluding its conflicts of law provisions. You and Essene Humane Society agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kent, Delaware, USA, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
H. ADDITIONAL TERMS FOR CERTAIN CONTENT ACQUIRED FROM THIRD PARTIES
Essene Humane Society reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services or Licensed Data and knowhow or other intellectual properties provided or disclosed by Essene Humane Society will be deemed acceptance thereof.
Essene Humane Society is not responsible or liable for third-party materials included within or linked from the Content or the Services.
You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Essene Humane Society and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Unless otherwise provided within written provisions of fully executed corporate operating agreements, you agree and covenant that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services, Data, intellectual property or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized in writing.
The Essene Humane Society name, the Essene Humane Society logo, and other Essene Humane Society trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Essene Humane Society / Essene Community Life Church in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.
Unless otherwise noted, Services and Content provided by Essene Humane Society are © Essene Humane Society and © Essene Community Life Church and its subsidiaries.
If you believe that any Content available through the Services infringe a copyright claimed by you, please contact Essene Humane Society at the following locations:
TERMINATION AND SUSPENSION OF SERVICES
If you fail, or Essene Humane Society suspects that you have failed, to comply with any of the provisions of this Agreement, Essene Humane Society may, without notice to you: (i) terminate this Agreement and/or your Essene Humane Society Membership ID, and you will remain liable for all amounts due under your Essene Humane Society ID up to and including the date of termination; and/or (ii) terminate your license to the use of Licensed Data; and/or (iii) preclude your access to any and all of the related Services.
Essene Humane Society further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and Essene Humane Society will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
Essene Humane Society DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Essene Humane Society MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OR ACTIVITY IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY Essene Humane Society) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL Essene Humane Society, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY INJURY, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, Essene Humane Society’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
Essene Humane Society SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE Essene Humane Society FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Essene Humane Society DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE Essene Humane Society FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
Essene Humane Society IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES.
WAIVER AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD Harmless the Essene Humane Society, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS and further hold HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY Essene Humane Society AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM Essene Humane Society, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Essene Humane Society’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS
If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Essene Humane Society, and all Transactions on the Services shall be governed by the laws of the State of Delaware USA, excluding its conflicts of law provisions. You and Essene Humane Society agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kent, Delaware, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
This Agreement constitutes the entire agreement regrading liabilities and responsibilities for damages between you and Essene Humane Society and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Essene Humane Society. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Essene Humane Society’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Essene Humane Society will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national and international laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Essene Humane Society employee or agent other than the Elder has the authority to vary this Agreement. Only the named Essene Community Life Church Elder has the authority to vary this Agreement in accordance with the bylaws of the Essene Community Life Church.
Essene Humane Society may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Essene Humane Society may also contact you by email or push notification to send you additional information about the Services.
You hereby grant Essene Humane Society the right to take steps Essene Humane Society believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Essene Humane Society has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Essene Humane Society believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Essene Humane Society’s right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party’s rights).
Last Updated: June 20, 2021