
Enoch Was Not
…for God TOOK him!
Terms & Conditions of Use
for
Enoch Was Not (EWN)
Website Visitors & Podcast Listeners
Effective: March 1st, 2024
Introduction
Please read these Terms and Conditions of Use (these “Terms”) carefully as they govern your access to or use of the Enoch Was Not (EWN – the “Service”) Website (“site”) and Podcast and any material that is made available through, from, or by the Service (the “Content”).
Use of the Service may be subject to additional terms and conditions presented by EWN, which are hereby incorporated by this reference into these Terms.
By signing up for, Subscribing, or otherwise Using(reading and/or listening to) the Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Service or access any Content.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Service Provider
These Terms are between you and EWN, an entity organized under, or otherwise subject to the laws of, the United States of America and the State of West Virginia: Enoch Was Not (EWN), H. Scott Hackney (aka “Brother Scott” – Sole Owner & Podcast Host); Contact
Age and eligibility requirements
In order to use the Service and access any Content, you need to (1) be at least 13 years of age (or the equivalent minimum age in your home country) or older, (2) have parent or guardian consent, if you are a minor in your home country; (3) reside in a country where the Service is available. You also promise that any information that you submit to EWN is true, accurate, and complete, and you agree to keep it that way at all times. If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. You can find additional information regarding minimum age requirements in the registration process, later, if and when that becomes available on the Service. If you do not meet the minimum age requirements then EWN respectfully requests that you do not use the Content or Service.
Service Limitations and Modifications
EWN will make reasonable efforts to keep the Service operational. However, EWN makes no assurances that the Service will be available continuously on a 24 x 7 x 365 basis. Certain technical difficulties or maintenance may result in temporary interruptions. EWN reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand, agree, and accept that EWN has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. EWN and/or the owners of any Content may, from time to time, remove, alter, correct, or improve any such Content without notice to the extent permitted by applicable law or these Terms.
Third-party devices and software
The Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services (“Third-Party Applications“) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices“). Your use of Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. EWN does not guarantee that Third-Party Applications or Devices will be compatible with the Service.
Data Software & Hardware Mistakes
You acknowledge that EWN is a free service that we are providing to you for use at our discretion. While we work hard to ensure the accuracy of the Service, we do not guarantee that the Service will be available error-free or that any mistakes will not happen from time to time. Where there is a glitch or mistake in the Service, we will take all reasonable efforts to address or correct these mistakes. You agree that you will indemnify and hold us harmless against any damage, liability, or costs that you incur as a result of a mistake, error, or glitch in this free service or arising from your use of it. All Content is provided to you “AS-IS.” You use all such Content provided by us at your sole risk and discretion.
Although EWN takes reasonable precautions to preserve and protect the Content stored in the database and servers used by EWN to provide the Service, EWN is not liable for damage to, deletion of, or failure to maintain and distribute any Content.
Your Account
At this time, You do not need to register or create an Account with EWN to use the Service or listen, view, or use the Content. Should this ever change, in the future, EWN will provide all pertinent information for the creation of said Account, including creation and protection of all personal username and password data, which are for your personal use only and should always be kept confidential.
Your Rights to use the Service
Access to the Service
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial (except as expressly permitted) use of the Service and the Content (collectively, “Access“). This Access shall remain in effect unless and until terminated by you or EWN. You agree that you will not redistribute or transfer the Service or the Content, except by sharing the links to the Site and Content, online, or pointing anyone to EWN without editingor altering the Content and, likewise, that you will honor All Copyrights maintained by the Service.
EWN’s Proprietary Rights
The Service and the Content are the property of EWN. All EWN trademarks, service marks, trade names, logos, domain names, and any other features of the EWN brand (“EWN Brand Features“) are the sole property of EWN. These Terms do not grant you any rights to use any EWN Brand Features whether for commercial or non-commercial use.
You agree to abide by these Terms & Conditions and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
User Guidelines
In using the Service, you must comply with the EWN Privacy Policy and these Terms & Conditions, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
Subscribing Entities
If you are using the Service or Subscribing to the Service on behalf of a company, entity or organization, or underage minor (each a “Subscribing Entity“), then you represent and warrant that: (a) you are an authorized representative of that Subscribing Entity with the authority to bind the Subscribing Entity to these Terms, regardless of whether you remain an authorized representative of that Subscribing Entity, (b) the Subscribing Entity agrees to be bound by these Terms, and (c) you agree to be bound by these Terms on behalf of such Subscribing Entity.
You acknowledge and agree that these Terms shall govern all use of the Service. You represent, warrant and covenant to us that you are authorized to use the Service. The Service is provided to you free-of-charge in exchange for your use of the Service and the provision of any User Content (defined below in Section 5) to the Service and agreement to these Terms.
Additional Programming or Features
In addition to the then-current features of the Service, we may from time-to-time add new features with opportunities to access additional information related to the use of Content on EWN, and to participate in other Content through the Service (“Features“).
Content and Intellectual Property Rights
User Content
Content you Email to or Post on the Service
EWN users, may, at no cost to EWN, Email, Post, Upload, or otherwise contribute content to the Service (“User Content“) under special circumstances when provided by EWN. For the avoidance of doubt, “User Content” includes all information, materials, images, graphics, SFX, audio files, digital files, and other content that is added, created, uploaded, submitted, distributed, or posted to the Service. EWN, and/or any third party appointed by EWN, may in its sole discretion decide to use all, or parts of, the whole User Content and/or metadata provided, as well as to supplement, augment, edit for clarity, and/or replace such content and/or metadata as EWN deems necessary.
You are solely responsible for all User Content that you post. You promise that, with respect to any User Content you post to the Service, (1) you own or have the right to post such User Content, including all rights and authorizations relating to any sound recordings and musical works included in the User Content, necessary to grant EWN the license described in these Terms; (2) such User Content, or its use by EWN pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by EWN or any artist, band, label, or other individual or entity, without the prior express written consent from EWN or such individual or entity; and (3) you have and shall have acquired, retained and properly administered any third-party rights, licenses, authorizations, consents, permissions and approvals relating to the User Content you post to the Service, including but not limited to any music content, and relating to the exercise by EWN of its rights under these Terms, and that all rights, licenses, consents, waivers, clearances, or approvals necessary required from any collecting society or any other party in order for EWN to lawfully exercise and enjoy its rights granted under this Agreement have been or will be obtained and paid for and shall be maintained for the duration of these Terms; (4) you shall be solely responsible for complying with the terms and conditions set forth in each of the third-party licenses, authorizations, consents, permissions and approvals referenced above, and you shall be solely responsible for making any and all payments of royalties, fees and any other monies (however characterized) to any and all third parties as and when required under such third-party licenses, authorizations, consents, permissions and approvals; (5) no royalties, fees or other monies (however characterized) are or will be payable by or on behalf of EWN to or on behalf of any third party in connection with, or arising out of, the User Content you post to the Service, or the exercise by EWN of its rights under these Terms; (6) all User Content you submit to the Service is correct, accurate, and does not violate the EWN User Guidelines (Privacy Policy and Terms & Conditions); and (7) you have and shall comply with all applicable laws, regulations and industry standards when posting User Content to the Service.
In posting or sharing User Content or other information on the Service, please keep in mind that content and other information may become publicly accessible, and may be used and re-shared by EWN, so please use caution in posting or sharing on the Service. EWN is not responsible for what you or others post or share on or via the Service.
You acknowledge and accept that User Content containing pornographic content is NOT permitted. You shall not use the EWN name or brand marks in any form for your own purposes without prior approval from EWN.
Licenses that you grant us
User Content
You retain ownership of your User Content when you post it to the Service. However, in order for us to make your User Content available on the Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant EWN a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license to: (a) download, digitally transcode, modify, make copies of, create derivative works from (including the right to transcribe, e.g. for the purpose of optimizing search functionalities, User access, improving personalization, simplifying content review and/or displaying on the EWN Website or within a Podcast, but not including the development and production of derivative audio or video works or the exploitation of customary ancillary rights, e.g. merchandise, live events, etc.), and otherwise process, the User Content to the extent reasonably necessary to transmit and communicate to the public the User Content and operate the Service; (b) transmit and communicate to the public the User Content on a pre-programmed and on-demand basis to terminal devices of EWN users in (i) any industry-standard implementation of the digital media “streaming” format, as that term is commonly understood, in all cases wherein the content of the media file is rendered simultaneously with its transmission; and (ii) the so-called “conditional download” format wherein the transmission of a media file results in a playable copy of the media file being deposited on the storage medium of a terminal device; (c) transmit, communicate to the public and display the User Content for purposes of identifying and promoting the availability of the corresponding User Content on the Service; (d) use the User Content for internal research, development and business purposes. For the avoidance of doubt, EWN will determine, at its sole discretion, whether the User Content will be distributed via the Service, and EWN shall be entitled to use the User Content in conjunction with all of the tiers, features and functionalities, websites and user interfaces, as well as all content and software applications associated with our Service (which includes, but is not limited to, the right to transcribe User Content, e.g. for the purpose of providing public feedback, answering questions, offering opinion, or adding to upcoming Content in any way conceivable. You further grant us the non-exclusive, irrevocable, fully paid, worldwide right to use any and all information you provide via your User Content, if you so authorize, at the time, by Submitting your email or phone message, or delivering your User Content in whatever form and fashion. Your Submission is considered Authorization and Permission to use your User Content as we deem necessary. EWN will not misquote or misrepresent your User Content in any fashion.
Aside from the rights specifically granted in these Terms, you retain ownership of all rights, including intellectual property rights, in the User Content that you post, and you have only granted us a license as set forth in these Terms. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. If such moral rights are not waivable, then you at least agree not to sue us for failure to identify you as the author of any User Content or for any use of your User Content on the Service.
Feedback
If you provide feedback, ideas or suggestions to EWN in connection with the Service or the Content (“Feedback“), such Feedback is not confidential and may be used by EWN without restriction and without payment to you. Feedback is considered a type of User Content.
Infringement claims
EWN respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please see the EWN Copyright Policy.
Customer Support
For customer support questions with EWN (“Customer Support Queries“), please submit your Question or Concern to our customer service department using the Contact Form on the Contact section of our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
Problems and Disputes
Term and Termination
These Terms will continue to apply to you as long as you access and use the Service and Content. EWN may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Service at any time, as applicable, if we believe you have breached any of these Terms, if we stop providing the Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or EWN terminate these Terms, or if EWN suspends your access to the Service, you agree that EWN shall have no liability or responsibility to you, and (except as expressly provided in these Terms) EWN will not owe you any monies or remuneration of any type. You may terminate these Terms at any time through the Customer Service contact form on the Contact section of our website, or by terminating your EWN User Account, when and where applicable, in which case you may not continue accessing or using the Service. To learn how to terminate your EWN account (unavailable at this time) please use the Customer Support contact form on our Contact page.
The following sections shall survive termination: Sections 2 (The EWN Service, 3 (Your Use of the Service), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
Warranty and Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, EWN AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER EWN NOR ANY OWNER OF CONTENT WARRANTS THAT THE EWN SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, EWN MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE EWN SERVICE OR ANY HYPERLINKED WEBSITE, AND EWN IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM EWN SHALL CREATE ANY WARRANTY ON BEHALF OF EWN, WHILE USING THE EWN SERVICE. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
Limitation of Liability and Time for Filing a Claim
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE EWN SERVICE IS TO UNINSTALL ANY EWN SOFTWARE, TEXT, AUDIO FILES, AND ALL FORMS OF IMAGES OR MEDIA, AND STOP SHARING SAID MATERIALS WITH OTHERS, AND TO STOP USING THE EWN SERVICE. YOU AGREE THAT EWN HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE EWN SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO EWN, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
EXCEPT AS REQUIRED BY LAW, IN NO EVENT WILL EWN, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE EWN SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER EWN HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE EWN SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) AMOUNTS PAID BY YOU TO EWN DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) USD 0.
For clarification, these Terms do not limit EWN’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2)) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Third Party Rights
No Third Party Beneficiaries
Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and EWN, and in no event shall these Terms create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of these Terms are not subject to the consent of any other person.
Indemnification
You agree to indemnify and hold EWN harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional EWN terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the EWN Service; and (4) your violation of any law or the rights of a third party.
Governing Law, Mandatory Arbitration and Venue
Governing Law and Jurisdiction
These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the State of West Virginia, United States of America, without regard to choice or conflicts of law principles. Further, you and EWN agree to the jurisdiction of the State of West Virginia to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes/claims relating to or arising out of or in connection with them) and is not subject to mandatory arbitration under the Arbitration Agreementbelow. EWN does not accept any codes of conduct as mandatory in connection with the services provided under these Terms.
ARBITRATION AGREEMENT
This arbitration agreement applies only to users in the United States.
Dispute resolution and arbitration
You and EWN agree that any dispute, claim, or controversy between you and EWN arising in connection with or relating in any way to these Terms or to your relationship with EWN as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and EWN further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
Exceptions
You and EWN both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with the jurisdiction and venue described in Section 24.1.1 above, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
No Class or Representative Proceedings: Class Action Waiver
YOU AND EWN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and EWN agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Arbitration Rules
Either you or we may start arbitration proceedings. Any arbitration between you and EWN will take place under the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (“AAA”) then in force (“AAA Rules”), as modified by this Arbitration Agreement. You and EWN agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org. EWN can also help put you in touch with the AAA.
Any arbitration hearings will be conducted by phone or video-conference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitration in accordance with AAA’s Consumer Arbitration Rules.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, EWN will NOT reimburse you for that filing fee; YOU will be responsible for the filing fee. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail. Use the Contactform on the EWN Website to initiate contact. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or EWN may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or EWN shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
Enforceability
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.
About These Terms
Under applicable law, you may have certain rights that can’t be limited by a contract. These terms are in no way intended to restrict those rights.
Changes to these Terms
We may make changes to these Terms (including any additional EWN terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement on the applicable EWN Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other EWN terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your use of the EWN Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the EWN Service under the updated Terms, you may terminate your account, if and as one should apply, at that time, by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and EWN, these Terms constitute all the terms and conditions agreed upon between you and EWN and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. These Terms constitute the entire agreement between you and EWN relating to the subject matter herein and supersede any previous agreements, either oral or written, between you and EWN with respect to your use of the Service. Please note, however, that other aspects of your use of the Service may be governed by additional agreements. As noted above, other terms and conditions governing use of the EWN Service are incorporated herein by reference including all Disclaimers, the EWN Privacy Policy, and the EWN Copyright Policy, plus any other Terms, Conditions, User Agreements, Policies, etc. as linked or posted under the About and subsequent Legal section of this Service.
Severability and Waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by EWN or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive EWN or the applicable third-party beneficiary’s right to do so.
Assignment
EWN may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
Contracting entity:
Enoch Was Not – EWN
Brother Scott
enochwasnot.com
Contact
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THESE EWN SERVICE TERMS AS OF THE EFFECTIVE DATE. YOU AGREE THAT BY EITHER: (A) READING OR LISTENING TO THE SERVICE VIA WEBSITE, PODCAST, OR ANY OTHER DIGITAL DEVICE, DOWNLOADABLE ON ANY AND ALL THIRD PARTY SERVICES NOT DIRECTLY LINKED OR AFFILIATED WITH EWN, THAT YOU AGREE TO THESE TERMS AND CONDITIONS BY YOUR USE, THEREOF (B) SUBMITTING USER CONTENT TO THE SERVICE, AND/OR (C) BY OTHERWISE USING, SHARING, OR REPRESENTING THE EWN SERVICE TO OTHERS, ACCESSING ANY CONTENT OR MATERIAL MADE AVAILABLE ON THE EWN WEBSITE, YOU ARE ACCEPTING THESE EWN TERMS AND EXECUTING THESE EWN TERMS.
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