Ener Formulations Ltd (hereinafter, "Ener Formulations") works hard to ensure that you have a great place(s) to research diet, sport supplements, and the lifestyles related to each. Ener Formulations is proud of its online efforts and is committed to maintaining the highest standards possible. This Terms of Use document allows our valued customers to feel comfortable knowing that Ener Formulations recognizes and supports the rights of responsible users.
The extremeenergy6hourshot.com website (hereinafter, “Site”) is owned and operated by Ener Formulations. This website is for your personal, non-commercial use only. The Site is not intended to offer any medical advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a medical professional. While the Site offers information about Extreme Energy™ products, consumers should always read the label before taking the purchased product and should consult a doctor before starting any diet or exercise program.
The material contained within the Site is intended for residents of the United States of America only and shall only be construed and evaluated according to the laws of the United States. This material is void outside the United States of America, and where prohibited by law or regulation. Do not proceed to view this Site if you are not a legal resident of the United States of America.
By using, visiting, or browsing the Site, you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of our Privacy Statement. If you do not agree to the Terms of Use and Privacy Statement, please do not use our services or visit our Site. These Terms of Use constitute the entire agreement between Ener Formulations and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of these Terms of Use.
Ener Formulations reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. You can review the most current version of the Terms of Use at any time by clicking on the “Terms of Use” hyperlink located at the bottom of the pages on the Site. By using the Site, you signify your acceptance of the Terms of Use. Your use of the Site after changes are made signifies your assent to be bound by the Terms of Use and Privacy Statement as they exist at that time.
The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Ener Formulations.
The copyright in all materials provided on the Site is owned by Ener Formulations or its affiliate(s). Subject to the following exception, none of the material contained in the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Ener Formulations. Site visitors may only view, copy, print, and download the materials on our Site for personal, non-commercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. Ener Formulations may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on our Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks, and logos (“Trademarks”) used and displayed on the Site are either registered or unregistered Trademarks of Ener Formulations or its affiliate(s) or used under license. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. The name Ener Formulations or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of Ener Formulations. Ener Formulations prohibits use of its name or any Ener Formulations logo and Trademarks as a “hot” link to any non-Ener Formulations Site, unless establishment of such link is approved in advance by Ener Formulations in writing.
Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through our Site nor does it waive any of Ener Formulations' rights in such information and materials. Ener Formulations will aggressively enforce its intellectual property rights to the fullest extent of the law.
The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale, any information contained on, or obtained from, the Site. Illegal and/or unauthorized use of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of our Site other than for your personal use; and, unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
You must be 18 years of age or older to access our Site. As a user of our Site, you agree that in connection with your use of the Site and its content you will not:
| 1. | Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone's privacy, hateful, or racially, ethnically, or otherwise objectionable; |
| 2. | Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site; |
| 3. | Use our Site for any unlawful purpose; |
| 4. | Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); |
| 5. | Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; |
| 6. | Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; |
| 7. | Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; |
| 8. | Interfere with or disrupt our Site, the services, the content or servers or networks connected to our Site, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to our Site, the services, and/or the content, the terms of which are incorporated herein; |
| 9. | Intentionally or unintentionally violate any applicable local, state, national, or international law. |
Ener Formulations reserves the right to terminate your access to the Site or any of its services if it determines that you do not comply with these Terms of Use; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Ener Formulations' rights or interests in its Site, services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of the Ener Formulations Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.
Ener Formulations or any of its affiliates is free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to our Site without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying, or improving our Site or other websites. Furthermore, by posting any information on our Site, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to display, use, reproduce, or modify that information. Any information submitted to our Site is subject to our Privacy Statement, the terms of which are incorporated herein.
THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY IOVATE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITES; OR, ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY IOVATE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IOVATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH, THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, EVEN IF IOVATE OR ANY IOVATE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Site may provide links to other World Wide Web sites or resources. Ener Formulations has not reviewed these sites and is not responsible for the accuracy, content, privacy policies, or availability of information found on sites that link to or from any Ener Formulations Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Ener Formulations Sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Ener Formulations with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Neither Ener Formulations nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Site must be to extremeenergy6hourshot.com. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from Ener Formulations.
You agree to defend, indemnify, and hold harmless Ener Formulations, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of these Terms of Use. Ener Formulations shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.
You agree that any issue or dispute arising out of, or in connection with, your use of our Site, intellectual property, the Terms of Use, the Privacy Statement, or any matter concerning Ener Formulations shall be governed by the laws of the United States and the State of New York. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in the Southern District of New York. If any provision of the Terms of Use and Privacy Statement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use and Privacy Statement, which shall remain in full force and effect.
By using the Site, you agree to comply with all applicable laws and regulations of the United States. The material provided on the Site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Ener Formulations makes no representation that materials contained in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
All contents of the Site are © .