ACCEPTANCE OF TERMS OF SERVICE
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that you comply with these Terms of Service and with all laws, rules and regulations applicable to you. The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your personal use, and not for the use or benefit of any third party.
The contents of the Service include designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code and other content (collectively “Content”). All Content and the compilation (meaning the collection, arrangement, and assembly) of all Content are the property of Energems or its licensors and are protected under copyright, trademark and other laws.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third party service provider or the quality or nature of third party products or services obtained through the Service. Use the Service at your own risk.
Subject to these Terms of Service, we grant each user of the Services a worldwide, personal, non-commercial, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Any other use is expressly prohibited. This license is revocable at any time without notice or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
AVAILABILITY OF CONTENT
We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature without notice or liability. We reserve the right to, but do not have any obligation to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
RULES OF CONDUCT
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:
- Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service or the technology and equipment supporting the Service;
- Frame or link to the Service without permission;
- Use data mining, robots, or other automated or machine-enabled data gathering devices or tools on or through the Service;
- Use the Service in an illegal way to commit an illegal act or in retaliation to the Service or that otherwise results in fines, penalties, and other liability to Energems or others; or
- Access the Service from a jurisdiction where it is illegal or unauthorized.
We reserve the right to suspend, terminate or prevent your access to the Service for any reason at our discretion. We reserve the right to refuse to provide the Service to you in the future. We may review, access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on the Service belong to Energems or are used with permission. Nothing contained on this Service should be construed as granting any license or right to use any Trademark displayed on this Service. Your use/misuse of the Trademarks displayed on this Service, or any other content on this Service, except as provided in these Terms of Service, is strictly prohibited. You are also advised that Energems will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
THIRD PARTY LINKS
This Site may contain links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
PRODUCT INFORMATION AND MEDICAL DISCLAIMER
Information presented on the Energems Site is intended to impart information about the product, as well as general fitness, nutrition and structure/function information about dietary supplements and energy products. Energems is not engaged in rendering medical advice, counseling or other services. The information presented on this Site is not intended to diagnose, treat, cure or prevent any disease. The statements on this Site have not been evaluated by the FDA (The U.S. Food and Drug Administration). You should consult your healthcare provider for any needed medical advice, counseling, or other services, including seeking advice prior to undertaking a new diet or exercise program or using this product, especially if you have any medical conditions or are taking any medication. Do not take if you are pregnant, nursing or under 18 years of age. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
While we work to ensure that product information on this website is up to date, on occasion manufacturers may alter their processing and manufacturing processes. Actual product packaging and materials may contain more and/or different information than that shown on our website. We recommend that you do not solely rely on the information presented on this website and that you always read labels, warnings, and directions before using or consuming this or any dietary supplement product. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, nutritionist, pharmacist, or other licensed healthcare professional. You should not use this information as self-diagnosis or for treating a health condition or disease. Contact your healthcare provider immediately if you suspect that you have any medical condition
DISCLAIMER OF WARRANTIES/ LIMITATION OF LIABILITY
Your use of and browsing on this Site and Services are at your own risk. Neither Energems nor any other party involved in creating, producing or delivering this Site or Services is liable for direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Site or Services. Without limiting the foregoing, everything on this Site or Service is provided to you “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMACE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. Energems assumes no liability and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your use of this Site.
FREE TRIALS AND OTHER PROMOTIONS
Energems’ Terms of Service apply to all promotional offers available through the Site. Additional Terms may apply to each individual Promotion. By participating in any Promotion, you are indicating You accept and agree to be bound by the Rules. Review any applicable Specific Promotional Terms before participating in any Promotion.
To be eligible to participate in any you must:
- be eighteen (18) years of age or older, or the legal age of majority in Your home country, state or province;
- be legally entitled to use the Site in accordance with our Terms of Service; and
- satisfy any other eligibility criteria set out in the relevant sections of the applicable Specific Promotional Terms.
By receiving a free trial of any Energems Product, you agree to all terms and conditions of the trial. Unauthorized resale of free trial products is strictly prohibited and may be subject to legal action by Energems.
You agree to defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, officers, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms of Service and your use of the Service.
GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Broward County, Florida.
You agree to first contact Energems at firstname.lastname@example.org regarding any claim or controversy arising out of or relating to these Terms of Service or your use of the Service. You and Energems agree to submit to personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Broward County, Florida. You covenant not to sue Energems in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Services or these Terms of Service:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BANNED.
ENTIRE AGREEMENT AND SEVERABILITY
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause partially or otherwise, beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure, degradation, hacking or any other third party illicit activity.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. Energems reserves the right to change or limit coupon codes in its sole discretion.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact us at the following address:
550 SW 12th Ave., Suite 550
Deerfield Beach, FL 33442
Effective Date: July 2015