Terms and conditions
Date of last update: May 27, 2021
TERMS & CONDITIONS
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. registered member / registered Pro
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.
registered member / registered Pro, your access to and use of the Site
(including your personal web page, if any) is also governed by these terms
and conditions. As used in these Terms, 'we,' 'our,' 'us' and ' ENERGY USA
INC.' refers to ENERGY USA INC., including its subsidiaries and affiliates.
1. Registered member / registered Pro
Each registered member / registered Pro shall at all times comply with ENERGY USA INC.’s internal regulations and ENERGY USA INC.’s trade and pricing policy and guidelines (see Guide).
The registered member / registered Pro hereby agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site and your activities related to being a registered member/registered Pro. The registered member / registered Pro acknowledges and agrees that he/she alway acts on his/her own behalf, and nothing herein contained will be construed as creating any relationship of employer/employee, partnership, agency (except to the extent specifically provided herein), joint venture, or otherwise between the parties hereto, nor will this Agreement be construed as conferring on you any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of ENERGY USA INC.
The registered member / registered Pro is only entitled to sell the products in retail settings and at the then current published prices set by ENERGY USA INC. The current published retail prices are listed at www.product.energy. Any sale of products to wholesalers or through e- commerce (e-shop, e-marketing, commercial sharing of products and services, etc.) is subject to prior written notification and permission by ENERGY USA INC. All information provided to the customer by the registered member / registered Pro must be in strict accordance with the official ENERGY USA INC. policy ( see GUIDE ) and its promotional materials. All information and instructions provided to the customer by the registered member / registered Pro shall be in strict accordance with the instructions for use ( www.product.energy - product detail information ) and other information provided by ENERGY USA INC. in writing (collectively, the “Product Information”); at no time shall you make any statement or claim that deviates from the Product Information.
The registered member / registered Pro shall to sell ENERGY USA INC. products in the condition in which he/ she received them from ENERGY USA INC., i.e. you shall not change or modify their packaging, remove or in any way edit the labels placed on them, or change, modify or remove their trade names.
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.
3. 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.product.energy 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.
4. 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.
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.
6. Making Purchases
7. 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.
8. 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: email@example.com
9. Web Addresses (URLs)
As part of the personal webpage program that ENERGY USA INC. offers to its Independent Consultants registered members / registered Pro, 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. 10. 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 - registered member / registered Pro, 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.
11. Third-Party Websites, Software and Sites
12. 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.
13. 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.
14. 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.
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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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 firstname.lastname@example.org 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.
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 email@example.com.