PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Terms of Service and Conditions of
BY USING THIS SITE, I
AGREE TO THE ENERGENX LLC WEBSITE (HEREINAFTER “the Site”) TERMS OF SERVICE AND
CONDITIONS OF USE (HEREINAFTER “the TOS”) AGREEMENT, AS SET FORTH HEREIN BY
ENERGENX LLC (HEREINAFTER “ENERGENX LLC”), WHICH STATES AS FOLLOWS:
OVER 18 YEARS OF AGE AND HAVE BEEN EVALUATED WITHIN THE LAST YEAR BY A
QUALIFIED LICENSED HEALTH CARE PROVIDER. IF I, AS THE CONSUMER WISHING TO
CONSUME ENERGENX LLC FORMULAS, AM UNDER THE CARE OF A PHYSICIAN FOR ANY HEALTH
CONDITION OR DIAGNOSED DISEASE AND/OR IS AM ON MEDICATION OR MORE THAN ONE
MEDICATIONS PRESCRIBED BY MY ACTING PHYSICIAN FOR ANY HEALTH CONDITION, I
AFFIRM THAT I HAVE THE APPROVAL OF MY HEALTH CARE PROVIDER OR PHYSICIAN TO
CONSUME ENERGENX LLC FORMULAS.
IF I AM
UNDER 18 YEARS OF AGE, I AFFIRM THAT I HAVE THE APPROVAL OF MY PARENT, LEGAL
GUARDIAN AND/OR MY PEDIATRICIAN OR ACTING PHYSICIAN TO CONSUME ENERGENX LLC FORMULAS
AND I AGREE TO USE ENERGENX LLC FORMULAS IN A RESPONSIBLE MANNER IN CONFORMITY
WITH THE INSTRUCTIONS ON THE LABEL OR AS DIRECTED BY MY HEALTHCARE
CONTACT US CONCERNING DAMAGED PRODUCT.
TO THE TOS AND HEREBY HOLD ENERGENX LLC AND ITS DIRECTORS, AGENTS, OFFICERS,
FOUNDERS, REPRESENTATIVES AND AFFILIATES HARMLESS OF ANY LIABILITY DUE TO THE
USE OR MISUSE OF ANY OF ITS FORMULAS. ENERGENX LLC FORMULAS
HAVE NOT BEEN APPROVED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE
OR PREVENT ANY HEALTH CONDITION OR DISEASE.
All users of the Site agree that access to and use of the Site is
subject to the TOS and other applicable law(s). If you do not agree to TOS, you
must leave the Site immediately and only return if/when you agree to the Site’s
TOS. By your continuing to use the Site, or continuing to receive email or
other communications from Energenx LLC without unsubscribing, you affirm that
you have read and agree to the Site TOS.
Testimonials and Reviews Disclaimer
In accordance with FTC and FDA rules, regulations and guidelines
regarding the use of endorsements and testimonials in advertising, we provide
the following testimonial disclaimer:
Testimonials and reviews
appearing on the Site may be received as text, audio and/or video submissions.
These represent experiences of individuals currently using or who have used our
products and/or services in the past. As everyone's individual constitution,
characteristics and health profile is unique to them, and as we have no control
over how an individual will use the products and/or services provided, results
are not guaranteed. Results of any individual are not necessarily
representative of all who will use our products and/or services. Results will
vary. We make no claims as to the types of results that consumers will
typically achieve. As such, the testimonials do not necessarily represent all
those who use or will use our products and/or services.
Except when a testimonial
or review is deemed overly lengthy, or a portion is not deemed relevant for the
general public, the testimonials and reviews displayed (as text, audio and/or
video format) are provided without editing other than the correction of
grammatical, spelling and/or punctuation errors. Keeping proper context of the
full testimonial in mind, some testimonials and reviews may be shortened or
excerpted for convenience, to save space or to highlight specific portions of a
testimonial or review.
Unless specifically stated
to the contrary, individuals providing testimonials or reviews have not been
paid or compensated in any way to provide their endorsements of Energenx LLC
products or services.
Energenx LLC is not
responsible for the personal opinions, comments, questions or feedback posted
to the Site or in our marketing or other communications (hereinafter “the
Energenx LLC is not a
forum for testimonials; however, we provide testimonials as a way for our
customers to share their experiences with one another. To prevent violations of
FDA and FTC guidelines, testimonials shall appear only after they have been
reviewed and approved by Energenx LLC management. Energenx LLC does not
necessarily share or endorse the views, opinions or commentary of any
testimonials or reviews on the Site or in our marketing or other
communications. All views and opinions are strictly those of the reviewer.
and reviews on our website or in our other marketing or sales materials are not
intended to make any health or medical claims. Specifically, they are not
intended to make any claims that our products can be used to diagnose, treat,
cure or prevent any disease. Any claims made within testimonials or reviews
have not been clinically proven or evaluated by the FDA and should be deemed
unproven, anecdotal, opinion-based and/or are for purely educational,
informational or discussion purposes only
This Site Does Not Provide
content (including but not limited to text, images, videos, audios, links, and
other content) on all Sites and in other Energenx LLC communications associated
with Energenx LLC is for informational purposes only. The content may not be
used as a substitute for professional medical advice, diagnosis, preventative
care or treatment, and does not constitute any form of medical or professional
advice. Energenx LLC does not recommend or endorse any specific products,
tests, doctors, procedures, opinions, trainings or other information that may
be mentioned on the website. Reliance upon any content, suggestions or
information provided herein is solely at your own risk. Information provided on
the Site and in other Energenx LLC communications is designed to support, not
replace, the relationship currently existing between a patient/site visitor and
his/her physician. You agree to never ignore or disregard professional medical
advice or delay in seeking out such advice because of anything you may have
read or seen on our websites.
MEDICAL DISCLAIMER: IF THIS IS A MEDICAL EMERGENCY,
IMMEDIATELY DIAL 911 OR CALL OR VISIT WITH EMERGENCY PERSONNEL IN ORDER TO
OBTAIN PROMPT MEDICAL ATTENTION. DO NOT RELY ON ANY FORM OF ELECTRONIC
COMMUNICATIONS FOR EMERGENCY ASSISTANCE IF YOU HAVE OR BELIEVE YOU MAY HAVE ANY
IMMEDIATE, URGENT AND/OR LIFE-THREATENING MEDICAL NEEDS.
The entire content
included in the Site and other communications you may receive from Energenx LLC–
including but not limited to text, graphics or code – is copyrighted as a
collective work under the United States and other copyright laws, and is the
property of Energenx LLC. The collective work includes works that are licensed
to Energenx LLC, Copyright 2016 Energenx LLC. ALL RIGHTS RESERVED. Subject to
any expressly stated restrictions or limitations relating to specific material,
you may display, download and/or print portions of the material from the
different areas of the Site solely for your persona, non-commercial use, and/or
to help place an order with Energenx LLC. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of the Site is strictly prohibited unless first authorized by Energenx
LLC in writing. You further agree not to edit or delete any proprietary notices
from materials downloaded or received from the Site.
find a copyright or trademark infringement on the Site, please Click to Contact Us
All trademarks, service marks and trade names of
Energenx LLC used in the Site are trademarks or registered trademarks of
The Site and the materials and products on the
Site are provided "as is" and without warranties of any kind, whether
express or implied. To the fullest extent permissible pursuant to applicable
law, Energenx LLC disclaims all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Energenx LLC does not represent or
warrant that the functions contained in the Site will be uninterrupted or
error-free, that the defects will be corrected, or that the Site or the server
that makes the Site available are free of viruses or other harmful components.
Energenx LLC does not make any warranties or representations regarding the use
of the materials in the Site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
Energenx LLC shall not be liable for any special
or consequential damages that result from the use, misuse, or inability to use
the materials on the Site or the performance of the products, even if Energenx LLC
has been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
In the event that an Energenx LLC product is
mistakenly listed at an incorrect price, Energenx LLC reserves the right to
refuse or cancel any orders placed for product listed at the incorrect price.
Energenx LLC reserves the right to refuse or cancel any such orders whether or
not the order has been confirmed and your credit card charged. If your credit
card has already been charged for the purchase and your order is cancelled,
Energenx LLC shall issue a credit to your credit card account in the amount of
the incorrect price.
These terms and conditions are applicable to you
upon your accessing the Site and/or completing the registration or shopping
process. These terms and conditions, or any part of them, may be terminated by
Energenx LLC without notice at any time and, for any reason at the sole
discretion of Energenx LLC. The provisions relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination of, or update to the TOS agreement.
Revisions and Updates to This Agreement
The TOS, or any part of them, may be revised or updated by Energenx LLC without
notice at any time, and for any reason, at the sole discretion of Energenx LLC.
Users should review the TOS page periodically to review any such changes. Any
changes will be accompanied by a change of “Last edited” date at the top of the
TOS agreement. Continued use of the Site and/or continued subscription to the
Energenx LLC email list affirms your agreement with any and all changes or
updates made to the TOS. Any changes will be accompanied by a change of “Last
edited” date at the top of the TOS page.
Energenx LLC may deliver notice to you by means
of e-mail, a general notice on the Site, or by other reliable method to the
address you have provided to Energenx LLC.
Your use of the Site shall be governed in all
respects by the laws of the state of New Jersey, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to the Site (including but
not limited to the purchase of Energenx LLC products) shall be in the state or
federal courts located in Essex County,
New Jersey. Any cause of action or claim you
may have with respect to the Site, including but not limited to the purchase of
Energenx LLC products, must be commenced within one (1) year after the claim or
cause of action arises. Energenx LLC’s failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. Energenx LLC may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the Site,
including via e-mail, chat, or by use of obscene or abusive language, is
strictly forbidden. Impersonation of others, including an Energenx LLC or other
licensed employee, host, associate or representative, as well as other members
or visitors on the Site, is prohibited. You may not upload to, distribute, or
otherwise publish through the Site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial content on
the Site or use the Site to solicit others to join or become members of any
other commercial online service or other organization.
Energenx LLC does not and cannot review all
communications and materials posted to or created by users accessing the Site,
and are not in any manner responsible for the content of these communications
and materials. You acknowledge that by Energenx LLC providing you with the
ability to view and distribute user-generated content on the Site, Energenx LLC
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or activities
on the Site. However, Energenx LLC reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
offensive or otherwise unacceptable to Energenx LLC in its sole discretion.
You agree to indemnify, defend, and hold
harmless Energenx LLC, its officers, directors, employees, agents, associates,
affiliates, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the Site
using your Internet account.
In an attempt to provide increased value to our
visitors, Energenx LLC may link to sites operated by third parties. However,
even if the third party is affiliated with Energenx LLC, Energenx LLC has no
control over these linked sites, all of which have separate privacy and data
collection practices, independent of Energenx LLC. These linked sites are only
for your convenience and therefore you access them at your own risk.
Nonetheless, Energenx LLC seeks to protect the integrity of its web site and
the links placed upon it and therefore requests any feedback on not only its
own site, but for sites it links to as well (including if a specific link does
If any part of this agreement shall be adjudged by any court of competent
jurisdiction to be invalid, the remainder of this agreement shall remain in
full force and effect.
Entirety of Agreement
This TOS Agreement
constitutes the entire agreement of the parties concerning the subject matter
hereof and supersedes all prior agreements, if any.