Terms & Conditions
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE.
SERVICES & PRODUCTS TERMS
It is common practice for naturopaths, nutritionists and other non-licensed practitioners to collect your signature on a form or website such as this. By doing so you acknowledge and accept that we:
- are not medically qualified;
- are not a substitute for advice from a qualified doctor;
- recommend that you consult your doctor before making any changes to your diet or exercise regime or taking any dietary supplement;
- do not warrant the accuracy of any information provided;
- are not liable for any losses you may suffer by relying on our advice;
- do not recommend any particular product.
By inquiring on our advice and services, and/or requesting us to provide advice and services to you, you indicate your agreement to these terms.
I. What we do and do not do
We provide nutrition mentoring and may obtain a set of laboratory test results from a [California Certified Laboratory in the United States] and provide you with a nutritional interpretation of those test results that you can use exclusively as an educational tool for personal health purposes.
Your doctor may use the same test results to diagnose and treat disease, but we do not do this. The information we provide is not intended to, cannot, and should not be expected to be a substitute for a personal consultation with your own qualified doctor. We do not accept any liability for any failure to identify any medical condition or disease; this is not the purpose of our services.
We may provide you with information relating to products that we believe might benefit you, but such information is not to be taken as an endorsement or recommendation. Some such products may not be available without a prescription, but we do not dispense or prescribe any prescription products. The information provided is intended for educational purposes only and should not be taken as professional medical advice or used as a substitute for medical care. We are not responsible for any adverse affects or consequences that may result, either directly or indirectly, from that information.
II. Consult your doctor
We are not qualified medical advisors and make no claims to be so. The information we provide should not be taken to be, and is not a substitute for, personal medical advice and instruction. You should not take any action based solely on our advice.
You should consult your doctor:
- for any medical interpretation of your test results;
- on any matter relating to your health and well-being;
- before making any changes to your exercise or diet;
- before taking any nutritional, herbal, homeopathic or hormonal supplementation;
- before beginning any therapy.
III. Exclusion of warranties
We will provide our services to you with reasonable care and skill. But we make no other warranty, express or implied, with respect to those services. All other warranties are excluded to the maximum extent permitted by law.
We make no warranty as to the accuracy of the laboratory test results we receive.
We make no warranty, expressed or implied, as to the quality or effectiveness of any diagnosis, apparatus, treatment or product. In no event will we be liable for any physical or mental injury, or any negative side effects, that may arise from the use of any such diagnosis, apparatus, treatment or product.
We believe that the information we provide, including that on our web sites, brochures, flyers and information packets, is accurate, but we cannot guarantee such accuracy. We therefore make no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete or accurate. It is your responsibility to verify such matters independently from primary sources of information and by taking specific professional advice.
IV. Exclusion of liability
If you rely on, buy or use a product or therapy, you do so at your own risk. Each person is different, and the way someone reacts to a product or therapy may be significantly different from another. We cannot predict how you may react to any particular product or therapy.
To the maximum extent permitted by law, we exclude:
- any and all liability in contract, tort (including negligence), breach of statutory duty or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings (including but not limited to loss of profits and wasted management time) incurred or suffered by you arising directly or indirectly out of or in connection with our services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information or advice we provide;
- any and all liability for injury or loss arising out of the use of, or reliance on, the laboratory results and/or the dietary, supplement and lifestyle suggestions we may provide;
- any and all liability for injury or loss arising from any product or treatment you may choose to take;
- any and all liability for any failure to identify any medical condition or disease. You understand and agree that this is not the purpose of our services.
This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
V. No recommendation
All material and information we may provide about products and therapies is provided solely for educational purposes and for use when discussing your health with your doctor. By providing you with such material and information, we do not necessarily endorse, recommend or promote any such product or therapy.
VI. Refunds, returns and losses
e3 Energy Evolved, LLC has a no-refund policy. All sales are final. All products and/or services purchased from e3EnergyEvolved.com, ThyroidFatLossSummit.com and/or e3 Energy Evolved, LLC cannot be returned and are non-refundable. If you have questions, email orders@e3EnergyEvolved.com for customer service support.
USE OF THE SITE & PROHIBITIONS
This site allows you to join our blog, express your thoughts, make some comments and discussion. You understand and agree that you will use this site including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an blogs, items, messages, and or contents that are inappropriate and fails to observe decency; (c) collecting information about users’ personal information; (d) post false, inaccurate, misleading, defamatory, or libelous content; (e) take any action that may damage the rating system.
We reserve the right to monitor and administrate all website activity, including regular review of all postings and comments, and promptly take down those we feel are offensive or libelous. Any postings or comments that are suspect will be immediately removed. If we are asked to remove a posting or comment by a third-party, we reserve the right to do so on their behalf.
I. No resale of content or service
You agree and understand that you will not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the site including its tools and services.
II. Linked sites
We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, opinion, advertising, products or other materials on or available from such services, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
III. Privacy and personal information
IV. Passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to e3 Energy Evolved LLC for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at hello@e3EnergyEvolved.com.
V. We may discontinue or suspend our site or terminate your use
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that e3 Energy Evolved LLC shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that e3 Energy Evolved LLC, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
You represent and warrant that (a) all of the information provided by you to our website to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You hereby accepts and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
It should be noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
I. Our liability to you is limited
e3 Energy Evolved LLC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of our site. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.
II. Third party contributors and users
We are not responsible for and do not necessarily hold the opinions expressed by our content contributors. Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of e3 Energy Evolved LLC. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing us with the ability to view and distribute content through our site, e3 Energy Evolved LLC is not undertaking any obligation or liability relating to the content. e3 Energy Evolved LLC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. e3 Energy Evolved LLC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, e3 Energy Evolved LLC reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
III. You will be responsible for any harm we suffer as a result of your violation of these terms and conditions or any breach by you of your representations and warranties
You agree to indemnify and hold harmless e3 Energy Evolved LLC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
INTELLECTUAL PROPERTY & COPYRIGHT
I. Our company intellectual property & copyright infringement rights
Although we make the Site freely accessible for you, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on them.
The materials available on the site shall remain the property of e3 Energy Evolved LLC and/or its licensers, and are protected by copyright, trademark and other intellectual property laws.
The e3 Energy Evolved name, any and all e3 Energy Evolved logos, including e3 Energy Evolved, e3 Restore & e3 Lifestyle, the Reenergize Your Thyroid, Redefine Your Metabolism tagline, and the e3 Energy Evolved science bubbles are all registered trademarks, trademarked property and copyright works of e3 Energy Evolved LLC. Additionally, all information, ideas, creative works, materials and products are intellectual property of and copyright works of e3 Energy Evolved LLC.
You acquire no proprietary interest in any such rights. Furthermore, you may not remove, copy or obscure any copyright works of e3 Energy Evolved LLC, the copyright notice, or any other notices contained in the site or anything retrieved or downloaded from them.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement.
You will not copy, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar brand, service or product through use of or access to the Program or proprietary information related thereto.
If we observe at anytime, in any form, intellectual property and copyrights infringement of e3 Energy Evolved LLC by an individual or company, or such an incident is reported to us by a third-party, e3 Energy Evolved LLC reserves the right to immediately pursue prosecution of these illegal activities to the fullest extent of the law.
II. Your use of our content is restricted
Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this section and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this section, you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.
We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
III. Other copyright infringement rights
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information (see 17 U.S.C. 512 (c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on www.e3EnergyEvolved.com;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send notice of claims of copyright infringement on e3EnergyEvolved.com to hello@e3EnergyEvolved.com. We must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of e3 Energy Evolved LLC. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
This Agreement shall be governed by and construed in accordance with the substantive laws of Arizona, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
I. Choice of law; jurisdiction; forum
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Arizona, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
II. Waiver and severability of terms
Failure of e3 Energy Evolved LLC to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.