Please carefully read these terms and conditions (“Terms”) relating to your participation in an Energy for Success program (the “Program”) provided by The Morguelan Energy Institute (“MEI”). The Program includes one-on-one treatments, individual calls, group calls, video series or live or online course series, any and all offerings provided by MEI. By subscribing to the MEI site and to participate in the Program, or participating in the Program or activities related thereto, you acknowledge your agreement to and acceptance of these Terms.
TERMS & CONDITIONS
Nature of Program
Thee activities you are applying to receive through the Program are from a 5,000-year-old eastern Chinese system related to acupuncture and qigong known in English as the Grow Younger Treatment. The Program and all activities, advice and recommendations relating to the Program, are not psychotherapy or any western medical program/treatment/advice and are not a substitute for physical or mental healthcare. You acknowledge and agree that your reliance on any advice or recommendations provided by MEI or any of its representatives in connection with the Program is at your own risk, and that any such advice or recommendations should not be considered, or used as a substitute for, any medical advice, diagnosis or treatment. You are advised to consult the health care professional of your choice regarding all matters concerning your health. In addition, if you are seeing a psychiatrist or psychologist, or other mental health professional, you are being prescribed medication for a psychiatric or psychological condition, you have been diagnosed with a psychiatric or psychological condition, you are suffering from any mental disease, you are suffering or experiencing self-harm or suicidal thoughts, or you think you may have psychiatric or psychological condition, then your admission to and participation in any of the services or activities provided by MEI and its representatives in connection with the Program, whether personal one- on-one treatments, individual calls, group calls, video series or live lecture series, volunteering, and any and all other forms of participation related to the Program, require written approval of your medical doctor in order for you to be allowed to participate.
Discretion, Refund and Fees
Your agreement includes an Acceptance of your Application for and the delivery to you of the Energy for Success program and this is at the sole and complete discretion of MEI. Fees for all services of MEI are subject to change. Refunds are at the discretion of MEI. Membership renewals for the Energy for Success courses are processed every 30 days from date of purchase and renewals are automatic unless cancelled by subscriber online.
Right to Use Your Voice and Likeness
For good and valuable consideration, receipt of which is hereby acknowledged, by your submission of this form and participation in the Program, you hereby agree that, in connection with your participation in the Program, MEI and its subsidiaries, affiliated entities, successors, licensees and assigns may tape and photograph you, and record you voice and sounds, and that MEI shall be the exclusive owner of the results and proceeds of such taping, photography and recording with the right, throughout the universe, an unlimited number of times in perpetuity, to copyright, to use all or any portion thereof and your name, image, voice and likeness in connection with audio-visual productions and marketing, advertising, merchandising and any other exploitation thereof, in any and all media now known or hereafter devised without any compensation to you other than the express consideration and promises specifically set forth in these Terms.
Assumption of Risk
YOU EXPRESSLY, VOLUNTARILY AND IRREVOCABLY ASSUME ALL RISK OF DEATH, PERSONAL INJURY AND/OR DAMAGE TO OR LOSS OF YOUR PROPERTY OR LACK OF EXPECTATION OF PERFORMANCE SUSTAINED WHILE PARTICIPATING IN ANY AND ALL ACTIVITIES (INCLUDING BUT NOT LIMITED TO TRAVEL) RELATED TO THE PROGRAM WHETHER OR NOT SUCH DAMAGE IS CAUSED BY A NEGLIGENT ACT OR OMMISSION BY MEI OR ANY OF ITS REPRESENTATIVES. THE PROGRAM IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR OTHERWISE.
To the maximum extent permitted by law, you hereby release MEI and any and all of its affiliated and subsidiary companies and service providers, and their respective successors and assigns, and the respective officers, directors, employees, agents and representatives of any of the foregoing and their respective successors and assigns (hereinafter collectively the “Released Parties”) from any and all claims, actions, damages, liabilities, losses, attorneys’ fees, costs and expenses of any kind, arising out of, resulting from, or by reason of, any tort, contract, or statutory cause of action related to your participation in or in connection with the Program, including, without limitation, any travel you may undertake in connection with your participation in any activities related to the Program, and any advice or recommendations you receive in connection with the Program, based on any legal theory whatsoever (including but not limited to rights of privacy and publicity, false light, defamation and personal injury or property damage claims). To the maximum extent permitted by law, you and your next of kin, estate, heirs, executors, administrators, successors and assigns will not assert any claim against any of the Released Parties in connection with any injury, illness, emotional distress, loss or harm to you or your property, including your death, howsoever caused, resulting from or arising out of your participation in any activities related to the Program, whether occurring before, during or after your participation in such activities. You agree that in the event of any dispute between MEI and you regarding this release, my remedy will be limited to money damages, if any, and I hereby waive my right to enjoin, restrain or otherwise interfere with the production, distribution or other exploitation by MEI of any audio-visual production or other materials in which I may appear.
Full and Complete Release – Notice Pursuant to California Law
California law requires that an individual executing a full and complete release be provided with the following information governing express waivers for that release to be valid. The following waiver is hereby provided: Section 1542 of the California Civil Code reads as follows:
“General Release – Claims Extinguished- A general release does not extend to claims which the creditor does not know or suspect to exist in his [her] favor at the time of executing the release, which if known by him [her] must have materially affected his [her] settlement with the debtor.”
Thus, notwithstanding the provisions of 1542, and for the express purpose of implementing a full and complete release, you expressly waive and relinquish all rights under Civil Code 1542.
Validity of Waiver/Parties Bound By Terms
You understand that if you institute, or anyone on your behalf institutes, any suit or action at law or any claim for damages or cause of action against the Released Parties due to injury to your person or property, or your death, due to your participation in activities related to the Program, these Terms can and will be used as conclusive evidence of your fully informed “covenant not to sue” the Released Parties, and it is your full intent and desire that this waiver be given full force and effect to prevent any litigation brought by your next of kin, estate, heirs, executors, administrators, successors and assigns who may attempt to bring suit against the Released Parties. You have freely relinquished your right to sue and thus your next of kin, estate, heirs, executors, administrators, successors and assigns shall be equally bound in law and equity by this covenant not to sue. It is your understanding and intent that these Terms will be binding not only on you, but will also be binding on all other persons or entities including your next of kin, estate, executors, heirs, executors, administrators or other successors and assigns who may initiate any suit, action, claim or other proceeding arising out of your participation in any and all activities related to the Program, whether or not such injuries, damages or losses are caused by negligent acts or omissions of any Released Party.
Applicable Law: Mediation and Arbitration
Additional Terms for Website Users
1. PRIVACY AND YOUR ACCOUNT
3. RESTRICTIONS ON USE; LIMITED LICENSE
All content contained on the Website, such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software (“Content”), is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (“Marks”) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download 1 copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
4. USE AND PROTECTION OF PASSWORD AND ID
If you sign up for one or more of the services offered by MEI through the Website, we will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses the applicable assigned password and ID shall be deemed to be authorized by you to access and use the Website, and we shall have no obligation to investigate the authorization or source of any such access or use.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND US, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify us of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.
5. SYSTEM REQUIREMENTS
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (“Software”), and, for certain downloadable content, a compatible player device (“Device”). We may, at any time and from time to time, in our sole and complete discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you. Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as are in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to us.
You may post reviews, comments, contrasts, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information through the Website, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit or use any of this content, but we do not regularly review posted content.
All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us, hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us through the Website, whether intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (User-Generated Content License). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us. Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
7. THIRD PARTY WEBSITES; DISCLAIMER
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
8. DISCLAIMER OF WARRANTIES
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER- GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).
THE WEBSITE AND PRODUCTS/SERVICES/LECTURES/TREATMENTS CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY INFORMATION/PRODUCTS/SERVICES LECTURES/TREATMENTS DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY ENERGY TREATMENT OR LECTURE OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY AND COMPLETELY UNDERSTAND AND AGREE THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES,
ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
13. APPLICABLE LAW AND DISPUTES
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
1.Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Website. Most concerns may be quickly resolved in this manner. Each of you and MEI agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and MEI each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and MEI each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 15(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 15(B), 15(C), and 15(D) by sending written notice of your decision to opt-out to the following address: The Morguelan Energy Institute, 500 N. Garfield Avenue, #307, Monterery Park, CA 91754 or by email to email@example.com. The notice must be sent within thirty (30) days of registering to use the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 15(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles County, State of California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles County, State of California for any litigation other than small claims court actions.
ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CHANGES TO THE WEBSITE. We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.