Date of last update: DECEMber 1, 2020
Welcome to ENERGY USA INC.
We hope that you enjoy your visit and find that using our website to learn about ENERGY USA INC., our dietary supplements, cosmetic products is easy and
productive and fun.
Before using or registering with the ENERGY USA INC. website, please read the following Terms and Conditions ('Terms') carefully. These Terms govern your access to and use of the ENERGY USA INC. Online website and any products, services, software, tools, applications, features or functionality offered or made available on or through the website, including any ENERGY USA INC. Independent
Consultant personal web pages provided through the website, (the 'Site'). Your access to and use of the Sites is expressly conditioned on your acceptance of and
compliance with these Terms. By accessing and using our Sites, you expressly consent to these Terms and any violation of these Terms may result in termination of your ability to access and use the Site.
In order to use the Site, you must be at least 13 years of age. You represent that you are at least 13 years old. If you are not at least 13 years of age, please do not
access, use or register with the Site.
We reserve the right at any time to change all or any part of these Terms; change the Site, including by eliminating or discontinuing any content on or feature of the Site; and change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail. Your continued use of the
Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. If you are a ENERGY USA INC. Independent Consultant, your access to and use of the Site (including your personal web page, if any) is also governed by the terms and conditions of your Consultant Agreement, including the ENERGY USA INC. Policies and Procedures.
As used in these Terms, 'we,' 'our,' 'us' and ' ENERGY USA INC.' refers to ENERGY USA INC., including its subsidiaries and affiliates.
1. Registration
When and if you set up an account with us and register to place orders through the Site you agree to (a) provide accurate, current and complete information about yourself as prompted by our forms (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Site. Our use and disclosure of any such information that you provide is governed by our Privacy Policy.
As part of the account set-up and registration process, you will be be asked to insert your first and last name, that will represent your username. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2. Your Use of the Site
Subject to and conditioned upon your compliance with these Terms, we grant to you
a non-exclusive, non-transferable, non-sublicensable, limited right and license to
access and use the Site, including any images, text, graphics, sounds, data, links
and other materials incorporated into the Site (other than your Submissions, as
defined in Section 3 below), solely as made available by us and solely for your own
personal purposes. The Site, including all such materials and all intellectual property
rights therein, remain the property of ENERGY USA INC. or its licensors or
suppliers. Except as expressly authorized by these Terms, you may not use,
reproduce, distribute, modify, transmit or publicly display any portion of the Site
without the written consent of ENERGY USA INC. While using the Site, you agree
not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of
others, including without limitation others' privacy rights or rights of publicity;
Impersonate any person or entity, falsely state or otherwise misrepresent your
affiliation with any person or entity, or use any fraudulent, misleading or
inaccurate email address or other contact information;
Restrict or inhibit any other user from using the Site, including, without
limitation, by means of 'hacking' or defacing any portion of the Site;
Violate any applicable laws or regulations;
Express or imply that any statements you make are endorsed by us, without
our prior written consent;
Upload to, transmit through, or display on the Site (a) any material that is
unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or
otherwise objectionable, or infringes our or any third party’ intellectual
property or other rights; (b) any confidential, proprietary or trade secret
information of any third party; or (c) any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities or other unsolicited
commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Transmit any software or other materials that contain any viruses, worms,
trojan horses, defects, date bombs, time bombs or other items of a destructive
nature;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or
disassemble any portion of the Site;
Remove any copyright, trademark or other proprietary rights notices contained
in or displayed on any portion of the Site;
'Frame' or 'mirror' any portion of the Site, or link to any page of or material on
the Site other than the URL located at https://www.energy.product or the
URLs provided by us to you for such purposes as part of the Site, without our
prior written authorization;
Use any robot, spider, site search/retrieval application or other manual or
automatic device or process to retrieve, index, 'data mine' or in any way
reproduce or circumvent the navigational structure or presentation of the Site;
or
Harvest or collect information about users of the Site without their express
consent.
We may terminate your access to and use of the Site immediately if you fail to
comply with the above rules.
3. Your Submissions
In the event that you post or upload to the Site, or otherwise submit to ENERGY
USA INC. as part of your use of the Site, any materials including, without limitation,
photographs and other images, text, graphics, sounds, data, links and other
materials (collectively, 'Submissions'), you will retain ownership of such
Submissions, and you hereby grant us and our designees a worldwide, non-
exclusive, sublicensable (through multiple tiers), assignable, royalty-free, fully paid-
up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers),
create derivative works of, and publicly display and perform such Submissions, in
connection with the Site. Except for the foregoing license, we do not claim ownership
of any copyright in your Submissions. You represent, warrant and covenant that you
own or otherwise possess all necessary rights with respect to your Submissions, and
that your Submissions do not and will not infringe, misappropriate, use or disclose
without authorization, or otherwise violate any intellectual property or proprietary
right of any third party, and are not unlawful, fraudulent, threatening, abusive,
libelous, defamatory, obscene or otherwise objectionable.
None of the Submissions will be subject to any obligation, whether of confidentiality,
attribution or otherwise, on our part and we will not be liable for any use or disclosure
of any Submissions. You acknowledge and agree that we may (but are not obligated
to) do any or all of the following, at our discretion: (a) monitor and/or filter any
Submissions (including without limitation by means of blocking or replacing
expletives or other language that may be deemed harmful or offensive); (b) alter,
remove, or refuse to send, transmit or otherwise use any Submission (including,
without limitation, by suspending the processing and shipping of any order relating to
any Submission); and/or (c) disclose any Submissions, and the circumstances
surrounding the transmission or use thereof, to any third party in order to operate the
Site; to protect our affiliates, distributors, partners, licensors, advertisers, sponsors,
and users; to comply with legal obligations or governmental requests; to enforce
these Terms; or for any other reason or purpose.
We recommend that you keep back-up copies of your Submissions on your hard
drive or other personal system, as the Site is not intended to be used as a back-up
solution for storing your Submissions.
4. Forums
The Site may permit users to share their Submissions with other users, including
through our user forums ('Forums'). Some Forum participants may use anonymous
screen names and may have no other connection with ENERGY USA INC. A large
volume of material is available in our Forums and Forum participants may
occasionally post messages or make statements, whether intentionally or
unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor
are responsible for such messages or statements, or for any opinion, advice,
information or other utterance made or displayed on the Site by third parties, whether
such third parties are users of the Site or others. The opinions expressed in the
Forums reflect solely the opinions of the participants and may not reflect the opinions
of ENERGY USA INC. We are not responsible for any errors or omissions in articles
or postings, for hyperlinks embedded in messages or for any results obtained from
the use of such information. Under no circumstances will we or our affiliates,
suppliers or agents be liable for any loss or damage caused by your reliance on such
information obtained through the Site. We may, but have no obligation to, monitor
the Forums and any materials displayed, transmitted or otherwise made available on
or through the Forums.
5. Making Purchases
If you wish to purchase any products or services through the Site, we will ask you to
supply certain information applicable to your purchase, including, without limitation,
payment and other information. Any such information will be treated as described in
our Privacy Policy. All information that you provide to us or our third party payment
processor must be accurate, current and complete. You agree to pay all charges
incurred by you or any users of your account and credit card (or other applicable
payment mechanism) at the prices in effect when such charges are incurred. You will
also be responsible for paying any applicable taxes relating to your purchases.
Verification of information applicable to a purchase may be required prior to our
acceptance of any order. Price and availability of any products or services are
subject to change without notice, and our current prices can be found on the Site.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier.
We reserve the right to ship partial orders (at no additional cost to you), and the
portion of any order that is partially shipped may be charged at the time of shipment.
If you are a ENERGY USA INC. Independent Consultant, the terms of your
Consultant Agreement, including the ENERGY USA INC. Policies and Procedures,
also apply to your purchases through the Site.
6. Product Information
All material and information presented by ENERGY USA INC. is intended to be used
for personal educational or informational purposes only. The statements made about
products have not been evaluated by the U.S Food and Drug Administration and the
results reported, if any, may not necessarily occur in all individuals. The statements
and products are not intended to diagnose, treat, cure or prevent any condition or
disease .All products should be used strictly in accordance with their instructions,
precautions and guidelines. You should always check the ingredients for products to
avoid potential allergic reactions. Use of the Site is not meant to serve as a
substitute for professional medical advice: this Site is solely an online store for
dietary supplements and cosmetic products. Please consult with your own physician
or health care practitioner regarding the use of any goods, products or information
received from the Site before using or relying on them. Your physician or health care
practitioner should address any and all medical questions, concerns and decisions
regarding the possible treatment of any medical condition. ENERGY USA INC. does
not give or intend to give any answers to medical related questions and this Site
does not replace any medical professional or medical resource. ENERGY USA INC.
does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
7. Copyright Issues
ENERGY USA INC. is committed to protecting copyrights and expects users of the
Site to do the same. The Digital Millennium Copyright Act of 1998 (the 'DMCA')
provides recourse for copyright owners who believe that material appearing on the
Internet infringes their rights under U.S. copyright law. If you believe in good faith
that any material used or displayed on or through the Site infringes your copyright,
you (or your agent) may send us a notice requesting that the material be removed, or
access to it blocked. The notice must include the following information: (a) a physical
or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (b) identification of the copyrighted work
claimed to have been infringed (or if multiple copyrighted works are covered by a
single notification, a representative list of such works); (c) identification of the
material that is claimed to be infringing or the subject of infringing activity, and
information reasonably sufficient to allow us to locate the material on the Site; (d) the
name, address, telephone number and email address (if available) of the
complaining party; (e) a statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent or the law; and (f) a statement that the information in the
notification is accurate and, under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed. If you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements
imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and
counter-notices regarding the Site should be sent to:
ENERGY USA INC.
ATTN: Copyright Protection
2 Park Avenue, New York
NEW YORK 10016, USA
Email: info@product.energy
8. Web Addresses (URLs)
As part of the personal webpage program that ENERGY USA INC. offers to its
Independent Consultants, we may provide you with access to and use of certain
personalized pages on the Site and the corresponding web addresses (URLs)
chosen by you. However, we do not guarantee the availability of any particular web
page or URL, and we reserve the right, at any time and in our sole discretion, to
reclaim, suspend, terminate and/or transfer any such web page or URL as described
in the Consultant Agreement.
9. Term and Termination
These terms shall remain effective until terminated as set forth herein. We may
immediately terminate these Terms, and/or your access to and use of the Site or any
portion thereof, at any time and for any reason, with or without cause, upon notice to
you. Upon termination of these Terms, you will cease all use of the Site. If you are a
ENERGY USA INC. Independent Consultant, you may have different or additional
rights and obligations with respect to use of the Site as set forth in your Consultant
Agreement. Except for the license to access and use the Site granted to you in
Section 2, the rights and obligations of the parties as set forth herein will survive
termination.
10. Third-Party Websites, Software and Sites
The Site may direct you to websites operated by third parties and/or products and
services offered by third parties, including the RF Mall ('Third Party Properties'). We
have not reviewed all of the Third Party Properties to which you may be directed and
we have no control over such Third Party Properties. We are not responsible for (a)
the content and operation of such Third Party Properties, or (b) the privacy or other
practices of such Third Party Properties. The fact that the Site directs you to such
Third Party Properties does not indicate any approval or endorsement of any Third
Party Properties. We direct you to such Third Party Properties only as a
convenience. You are responsible for the costs associated with such Third Party
Properties, including any applicable license fees and service charges. Accordingly,
we encourage you to become familiar with the terms of use and practices of any
such Third Party Properties.
11. Mobile Services
If you access the Site via your mobile phone (through an iPhone application, for
example), we do not currently charge for this access. Please be aware that your
carrier’s normal rates and fees, such as text messaging fees or data charges, will still
apply.
12. Access By Minors
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that
parental control protections (such as computer hardware, software or filtering
services) are commercially available that may assist you in limiting access to
material that is harmful to minors.
13. Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled
to the following specific consumer rights notice: The Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs
may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
14. Indemnification
You agree to indemnify, defend and hold us, our affiliates, distributors, partners,
licensors, advertisers and sponsors, and our and their directors, officers, employees,
consultants, agents and other representatives, harmless from and against any and
all claims, damages, losses, costs (including reasonable attorneys’ fees—except
where prohibited by law) and other expenses that arise directly or indirectly out of or
from (a) your breach of these Terms, including any violation of the rules set forth in
Section 2 above; (b) your Submissions; and/or (c) your activities in connection with
the Site.
15. Disclaimer of Warranties
THE SITE, INCLUDING ALL MATERIALS INCORPORATED THEREIN, IS
PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, ENERGY USA INC. AND ITS SUBSIDIARIES, AFFILIATES,
DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-
INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM
COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Applicable law may not allow the exclusion of implied warranties, so the above
exclusions may not apply to you. WE AND OUR SUBSIDIARIES, AFFILIATES,
DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND
AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS
OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SITE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR
RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ENERGY
USA INC. OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS,
ADVERTISERS, SPONSORS OR AGENTS, WHETHER MADE ON OR THROUGH
THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF
THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER ENERGY USA
INC. NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS,
PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR
DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER
REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS, LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL OR ANY
OTHER INTANGIBLE LOSSES), EVEN IF ENERGY USA INC. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY
FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM
LIABILITY OF ENERGY USA INC. ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR THE SITEIS LIMITED TO THE AMOUNT YOU PAID TO US. IN
ALL CASES, ENERGY USA INC. WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
17. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE EXCLUSIONS OF CERTAIN LIABILITY LIMITATIONS.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14
(INDEMNITY), 15 (DISCLAIMER OF WARRANTIES) AND 16 (LIMITATION OF
LIABILITY) MAY NOT APPLY TO YOU. IN PARTICULAR, IF YOU ARE A
RESIDENT OF NEW JERSEY, SECTIONS 14, 15 AND 16 OF THESE TERMS AND
CONDITIONS SHALL NOT APPLY TO YOU, NOTWITHSTANDING ANYTHING TO
THE CONTRARY HEREIN OR IN ANY LINKED, INCORPORATED OR
OTHERWISE REFERENCED DOCUMENT, POLICY OR TERMS AND
CONDITIONS.
18. Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud
or other types of unauthorized or illegal activity. We reserve the right to refuse to
process an order due to suspected fraud or unauthorized or illegal activity. If such is
the case, we may reject your order or our Sales Support department may call you at
the phone number you provided (or use your email address) to confirm your order.
We also reserve the right to deactivate any accounts or refuse to ship to certain
addresses due to suspected fraud or unauthorized illegal activity. We take these
measures to protect our customers as well as ourselves from fraud or other
unauthorized or illegal activity.
19. Policy for Idea Submission
Many of our customers are interested in submitting ideas and suggestions for
products and services to be used at ENERGY USA INC., either independently of, or
in conjunction with, our internally developed concepts. We appreciate our customers’
interest in improving the Site and our products; however, please note that any such
ideas or suggestions that you submit will be owned by ENERGY USA INC., and you
hereby irrevocably assign any intellectual property rights in such ideas and
suggestions to ENERGY USA INC. In the event that the foregoing assignment is
held to be ineffective for any reason, your ideas and suggestions will be treated as
Submissions, subject to the license granted to ENERGY USA INC. in Section 3 of
these Terms. If you intend to retain any intellectual property rights in your ideas and
suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit
them to us without our prior written approval. You can inquire regarding such
approval by sending a message to info@product.energy If we are interested in
pursuing any idea or suggestion of yours, we will contact you. Please note that an
additional legal agreement may be required by ENERGY USA INC. in order to
evaluate your idea or suggestion.
20. Miscellaneous
These Terms are governed by and construed in accordance with the laws of the
State of California, United States of America, without regards to its principles of
conflicts of law. You agree to submit to the exclusive jurisdiction of any State or
Federal court located in the County of San Francisco, California, United States of
America, and waive any jurisdictional, venue or inconvenient forum objections to
such courts. If any provision of these Terms, or the application thereof to any person,
place or circumstance, shall be held by a court of competent jurisdiction to be invalid,
void or otherwise unenforceable, such provision shall be enforced to the maximum
extent possible, or, if incapable of such enforcement, shall be deemed to be deleted
from these Terms, and the remainder of these Terms and such provisions as applied
to other persons, places and circumstances shall remain in full force and effect. No
waiver by either party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default, nor shall any delay or
omission on the part of either party to exercise or avail itself of any right or remedy
that it has or may have hereunder operate as a waiver of any right or remedy. This is
the entire agreement between us relating to the subject matter herein and
supersedes any and all prior or contemporaneous written or oral agreements
between us with respect to such subject matter. These Terms are not assignable,
transferable or sublicensable by you except with our prior written consent. These
Terms may not be modified or amended except as set forth in the introductory
section of these Terms. Any heading, caption or section title contained in these
Terms is inserted only as a matter of convenience and in no way defines or explains
any section or provision hereof.
If you have any questions or comments regarding these Terms, please contact us at
info@product.energy.
Updated 2020/12/01
“Never doubt that a small group of thoughtful, committed, citizens can change the world.
Indeed, it is the only thing that ever has.”
Margaret Mead