PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Welcome to www.energycareusa.com (this "Website"). This Website is owned and operated by EnergyCare USA, LLC (“EnergyCare USA” or “we,” “us” or “our”). In addition to the content on this Website, our internet home provides the users of this Website (“you,” the “user” or the “purchaser”) with various shopping, e-commerce and subscription activities. We reserve the right, at our discretion, to modify or amend these Terms and Conditions from time to time without notice.
By using this Website and its services, you are accepting the practices described in these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, please do not use this Website and exit immediately. The specific details of the Terms and Conditions of utilizing this Website are set forth below:
1. Copyright and Ownership:
All of the content featured or displayed on the Website, including, without limitation, all text, graphics, photographs, images, moving images, sound, and illustrations, is owned by EnergyCare USA, its manufacturer EnergyCare S.A., licensors, vendors, agents and/or its content providers. All elements of this Website, including, without limitation, the general design and the content of this Website, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. This Website and related services may only be used for the intended purposes for which this Website and such services are being made available.
Except as may be otherwise indicated in specific documents within this Website, you are authorized to view, play, print and download documents, audio and video found on this Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials found on this Website, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on this Website.
Except as authorized under U.S. copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is available on this Website. For purposes of these Terms and Conditions, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of this Website. This Website, its content and all related rights are and shall remain the exclusive property of EnergyCare USA or its manufacturers and licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Website.
2. Trademarks:
All trademarks, service marks and trade names appearing on this Website (including, but not limited to, the EnergyCare name, the EnergyCare corporate logo, the EnergyCare design, Atraxlite technology and MAP) are trademarks or registered trademarks of EnergyCare USA, its manufacturer EnergyCare S.A., affiliates, partners, vendors or licensors.
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify EnergyCare trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without the prior written consent of EnergyCare USA and/or EnergyCare S.A. The use of EnergyCare trademarks on any other website or network computer environment is prohibited. EnergyCare USA does not allow the use of EnergyCare trademarks as a "hot" link on or to any other website unless establishment of such a link is expressly approved in writing in advance.
3. Products, Content and Specifications:
All features, content, specifications, materials and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
The inclusion of any products or services on this Website at a particular time does not imply or warrant that such products or services will be available at any time in the future. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order on this Website, you represent that the products ordered will be used only in a lawful manner.
4. Shipping Limitations:
When an order is placed, it will be shipping to an address designated by the purchaser, as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
5. Accuracy of Information:
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representations or warranties as to the completeness, accuracy or currency of any information on this Website. While it is our practice to confirm orders by email, your receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
6. Linking to this Website:
Creating or maintaining any link from another website to any page on this Website without our express prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our express prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations, and the responsibility for such compliance will be solely with the party that creates the link (whether or not such link has been permitted by us).
7. Links to Third Party Websites:
From time to time, this Website may contain links to third party websites that are not owned, operated or controlled by EnergyCare USA, its manufacturer EnergyCare S.A. or EnergyCare USA’s affiliates. All such links are provided solely as a convenience to you. If you use such a link, you will leave this Website. Neither we nor any of our manufacturers or affiliates are responsible in any way for any content, materials or other information located on or accessible from any other website. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk.
8. Fees:
For all charges for any products and services sold on this Website, EnergyCare USA will bill your credit card or PayPal account. In the event that collection or other legal action is necessary to collect on balances due, you agree to reimburse EnergyCare USA for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.
9. Access and Interference:
You agree that you will not use any robot, spider, scraper or other automated means to access this Website for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of this Website or any activities conducted on this Website; or (c) bypass any measures we may use to prevent or restrict access to this Website.
10. User Information
Other than personally identifiable information (which is subject to our Privacy Policy set forth on this Website), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communications that you transmit or post to this Website in any manner (“User Communications”) is and shall be considered non-confidential and non-proprietary. We, EnergyCare S.A. and our respective affiliates may use any and all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing, in any manner whatsoever, for any and all commercial and non-commercial purposes. We may, but are not obligated to, monitor or respond to any User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
We retain the right to remove from this Website any and all User Communications that include any material we deem inappropriate or unacceptable. You are prohibited from posting on or transmitting through this Website any User Communications containing any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary or appropriate to cure or prevent the violation, including, without limitation, the immediate removal of the relevant User Communications from this Website. We reserve the right to fully cooperate with any law enforcement authorities, court order or subpoena requesting or directing us to disclose the identity of anyone posting such User Communications.
11. Forces of Nature:
EnergyCare USA shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terror, revolution, civil commotion, or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure materials, transportation facilities, fuel/energy shortages, or omissions of common carriers.
12. Privacy:
Your use of this Website is expressly subject to our Privacy Policy, also provided for your review here on this Website here.
13. Disclaimers
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED BY US “AS IS,” WITHOUT WARRANTIES FROM ENERGYCARE USA OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ENERGYCARE USA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND ENERGYCARE USA MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE TO UPDATE SUCH INFORMATION, PRODUCTS OR SERVICES.
ALL PRODUCTS AND SERVICES PURCHASED THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF ENERGYCARE S.A. (BEING THEIR MANUFACTURER OR PROVIDER), IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ENERGYCARE USA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED ON OR PURCHASED THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ENERGYCARE USA HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE OR MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. ENERGYCARE USA MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
The information contained on this Website is provided for informational purposes only, and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through this Website (including, without limitation, information that may be provided on this Website by healthcare or nutrition professionals employed by or contracting with EnergyCare USA or EnergyCare S.A.) for diagnosing or treating a health problem or disease or for prescribing any treatment. Information and statements regarding products and services available through this Website have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
14. Limitations of Liability:
EnergyCare USA assumes no responsibility for, nor will be liable for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any information or materials from this Website. IN NO EVENT WILL ENERGYCARE USA OR ANY OF OUR OFFICERS, MANAGERS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS WEBISITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THIS WEBSITE OR ANY OTHER SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENERGYCARE USA IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT HEREOF, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY (IF ANY) IS FROM THE MANUFACTURER OR PROVIDER OF SUCH PRODUCTS AND SERVICES (BEING ENERGYCARE S.A.) IN ACCORDANCE WITH ITS WARRANTY, OR TO SEEK A RETURN OF AND/OR REFUND FOR THE AFFECTED PRODUCT(S) OR SERVICE(S) IN ACCORDANCE WITH THE RETURN AND REFUND POLICIES POSTED ON THIS WEBSITE.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION AGAINST ENERGYCARE USA ARISING OUT OF OR RELATED TO THIS WEBSITE OR THESE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
PLEASE BE ADVISED THAT ENERGYCARE S.A. IS AN INDEPENDENT PARTY AND IS NOT AN AFFILIATE OF ENERGYCARE USA, WHICH IS ONLY A LICENSED DISTRIBUTOR OF PRODUCTS AND SERVICES OF ENERGYCARE S.A.
15. Indemnity:
You agree to defend, indemnify and hold EnergyCare USA, EnergyCare S.A., and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and costs, related to any violation of these Terms and Conditions by you or your authorized users, or in connection with the use of this Website or the Internet or your purchases or the placement or transmission of any message or information on this Website by you or your authorized users, or your violation of any law or the rights of any third party.
16. Termination of Access to Website:
We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice. We also may block your access to this Website in the event that: (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. You are personally liable for any orders placed or charges incurred through your account prior to termination.
17. Domestic Use
EnergyCare USA controls this Website from our offices within the United States of America. We make no representation that this Website or its content (including, without limitation, any products or services available on or through this Website) are appropriate or available for use in other locations. Users who access this Website from outside the United States of America do so on their own initiative, and must bear all responsibility for compliance with local laws (if applicable).
18. Court of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and EnergyCare USA to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the federal or state courts of the Commonwealth of Pennsylvania. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19. Revisions; Enforcement
These Terms and Conditions may be revised by EnergyCare USA at any time and from time to time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you.
EnergyCare USA’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you and EnergyCare USA nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.
20. Your Consent
By using this Website, you signify that you agree to these Terms and Conditions. If you do not agree with these Terms and Conditions, please leave this Website.
(These Terms and Conditions were last updated on April 5, 2010.)