Energy For Success Website
Terms Of Service
Last updated: May, 30th, 2024
The 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 Energy for Success 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 Energy for Success 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.
Acceptance of your Application for and the delivery to you of the Program/Energy for a Successful Life is at the sole and complete discretion of Energy for Success. Any fees paid by you will be refunded if your Application is not accepted. Fees for all services of Energy for Success are subject to change.
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, Energy for Success and its subsidiaries, affiliated entities, successors, licensees and assigns may tape and photograph you, and record you voice and sounds, and that Energy for Success 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.
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 Energy for Success 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 Energy for Success 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 Energy for Success 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 Energy for Success of any audio-visual production or other materials in which I may appear.
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:
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.
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.
These Terms will be governed by the laws of the State of California without regard to conflicts of law provisions. You acknowledge and agree that any and all disputes arising out of these Terms, or your participation in activities related to the Program, will be resolved via non-binding mediation in Los Angeles County, State of California through a professional mediator selected by Energy for Success. If the applicable dispute is not successfully resolved through mediation, the dispute shall be submitted to final and binding arbitration pursuant to the rules of the American Arbitration Association, and the arbitration proceedings shall take place in Los Angeles County, State of California in accordance with the provisions set forth in Section 15 of the Website Terms of Use (as defined below) attached hereto as Exhibit A.
If you enroll to participate in the Program through our website located at www.energyforsuccess.com (the “Website”) or otherwise use the resources made available on the Website in connection with the Program, the website terms and conditions included on Exhibit A (the “Website Terms of Use”) will apply to you.
The Website Terms of Use are incorporated into these Terms by reference. Please read the Website Terms of Use carefully, by enrolling in the Program you agree to be bound by the Website Terms of Use.
You acknowledge that you have been given reasonable opportunity to review and read, and have carefully reviewed and read, these Terms and the Website Terms of Use. You are aware that, among other things, these Terms constitute a release of liability for future injuries and a contract between you and Energy for Success and you agree to these Terms of your own free will by accessing our site.
These Website Terms of Use (referred to herein as the “Terms of Use”) apply when you access, visit or use the website operated by Energy for Successful Life (“Energy for Success”) located at www.energyforsuccess.com (the “Website”). By using our Website, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. Please read the complete Terms of Use below, as well as our Privacy Policy, and contact us if you have any questions.
In connection with your use of the Website, please review our Privacy Policy, located at www.energyforsuccess.com to understand how we use information we collect from you when you access, visit or use the Website. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms. The Website is intended for users at least 18 years of age. If you are under 18 years of age, you may use the Website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt, sufficiency and adequacy of which you hereby acknowledge and approve, including, without limitation, your access to and use of the Website and data, materials, courses, lectures, treatments and information available at or through the Website.
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.
If you sign up for one or more of the services offered by Energy for Success 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.
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 represent, warrant and agree that you own or otherwise control all of the rights to all User-Generated Content that you post or send to us through the Website; that all such User-Generated Content is accurate; that use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
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.
You should be aware that when you visit the Website, you could be directed to other websites that we do not operate or control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the website to which you are directed may not be controlled by us and different terms of use and privacy policies may apply, which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their websites. We do not assume any responsibility or liability for the actions, products,
or content of any third party or any third party site. We reserve the right to disable links from or to third- party sites, although we are under no obligation to do so.
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.
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.
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (“Indemnified Parties”), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
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 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.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use. We will post material updates to the Terms of Use on the Website at least thirty days prior to their effective date. If you do not agree with the updated Terms of Use, you should discontinue your use of the Website prior to the effective date of the updated Terms of Use. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.
These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate using the Program according to these Terms of Use, please notify us by sending notice of such termination by certified United States mail, postage pre-paid to: Energy for Success, 500 N. Garfield Avenue, #307, Monterery Park, CA
We may unilaterally terminate the Program and these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. At MEI’s discretion, a refund may be provided if termination occurs prior to the term of the applicable services/program that you have paid for.
The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
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.
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 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.
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.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the
Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.