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Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER ENERJII INTERNATIONAL PTY LTD WEB SITE(S) OR PURCHASING ANY PRODUCT OR SERVICES FROM ENERJII UK PTY LTD.

This Agreement (the 'Agreement') is made between Enerjii , ( known as Enerjii UK Pty Ltd, Enerjii International Pty Ltd, Enerjii New Zealand Pty ltd and any other Enerjii website, will be called the 'Company,' 'we' or 'us') and you. This Agreement sets forth the legal terms and conditions for your use of this web site and any other Enerjii web site(s) and for your purchase and/or use of any Enerjii  goods, services or in connection with the Enerjii Affiliate opportunity (collectively referred to hereinafter as, 'Offerings').

Your use of any of Enerjii’s web site(s), including all web pages (collectively, the 'Site') and all information, data, text, software, information, images, sounds or other materials (collectively, the 'Content') contained therein, or your use or purchase of any other Offerings confirms your acceptance of this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement.

If you are dissatisfied with the Site or other Offerings, your sole and exclusive remedy is to stop using the Site or other Offerings, except as otherwise expressly stated in section 6 of this Agreement (Enerjii’s Customer Guarantee).

1. MODIFICATIONS

We reserve the right at any time to:

  1. Change the terms and conditions of this Agreement;

  2. Enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other Offerings, at any time in our sole discretion.

  3. Any changes to this Agreement will be effective immediately upon notice, which may be provided to you via email or by display on the Site (hereinafter, 'Notice'). Your use of the Site or other Offerings after such Notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version.

The Site or other Offerings, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site or other Offerings will be subject to this Agreement.

2. ACCESS

You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hook up, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We have no liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software.

3. ELIGIBILITY

You represent and warrant that you are at least 18 years old. Enerjii products and the Enerjii business opportunity cannot be offered, shipped into or sold in any country outside of those countries that are previously authorized by Enerjii. Enerjii is expanding its sales into other markets, accordingly please check for updates periodically.

4. ENERJII UK AFFILIATE WEB SITES

Enerjii UK  Affiliates may have their own Internet web sites. It is the sole responsibility of each Affiliate to ensure that its web site content is accurate and that it fully complies with all Enerjii UK  rules, policies and procedures, including without limitation, Enerjii UK 's Rules of Conduct & Distributor Policies and all applicable federal and state rules and regulations.

ENERJII UK  DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED IN ANY WAY TO AFFILIATE WEBSITES.

5. YOUR INFORMATION AND YOUR PRIVACY

If you provide information to the Site, you agree to provide accurate, current and complete information about yourself where requested and you agree to maintain and update such information as appropriate. Pursuant to our privacy policy, we may disclose any information about you that we collect through the Site or otherwise to third parties. Any changes to the Privacy Policy will be effective immediately upon Notice. Your use of the Site or other Offerings after such Notice will be deemed acceptance of such changes. Be sure to review the privacy policy periodically to ensure your familiarity with its most current version.

6. USER CONDUCT

You are responsible for any and all Content that you send to us.

You may not use the Site or other Offerings or any information that you get from the Site or other Offerings to:

  • interfere with any other user's use of the Site or other Offerings;
  • conduct any unlawful activity;
  • intentionally solicit or harm minors in any way;
  • misrepresent your own identity or any affiliation that you may have;
  • modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or other Offerings;
  • alter or remove any copyright, trademark or other proprietary rights notices;
    'frame', 'mirror' or 'deep link' any part of the Site or other Offerings without our prior written authorization; or
  • link to any page within the Site or other Offerings from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.

7. OUR PROPRIETARY RIGHTS

The Site and other Offerings and software used with the Site and other Offerings contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, 'Intellectual Property Laws'). In addition, the Content contained within the Site or other Offerings or in sponsor advertisements, in information presented to you through the Site or other Offerings or in information presented to you by advertisers is protected by Intellectual Property Laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or other Offerings, in whole or in part, unless authorized by us, in writing, to do so.

8. OWNERSHIP AND RESTRICTIONS ON USE

©2008 Enerjii UK  Pty Limited, All Rights Reserved. Enerjii UK  owns and operates the Site and/or other Offerings in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site or other Offerings in any way without our prior written permission. You may not modify any materials contained within the Site or other Offerings nor use any materials for any other purpose. You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site or other Offerings.

We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site or other Offerings in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or other Offerings or any Content, on any media or for any purpose whatsoever. We do not transfer the title to any Content to you. We retain all right, title and interest in all Content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the Site or other Offerings to a human-readable form. You may not transfer any portion of the Site or other Offerings to any third party.

Enerjii UK and International, our logo, and the name of the products produced, marketed, sold or distributed by the Company, are trademarks and/or service marks of Enerjii , or its affiliates. All other trademarks, service marks, and logos used on the Site or other Offerings are the trademarks, service marks or logos of their respective owners.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, 'Content'), including but not limited to the design, structure, selection, coordination, expression, 'look and feel' and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Enerjii, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Enerjii's express prior written consent.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site by hacking, password 'mining' or any other illegitimate means.

9. IDEA SUBMISSIONS

If you submit any ideas, suggestions or testimonials to us, we have the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet. You may only post ideas and material to this Site if you have obtained appropriate copyright and other permission to post such materials and to permit us to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.

10. TESTIMONIALS

The people giving product testimonials on our Site or other Offerings reflect the actual experience of each individual, are anecdotal only, and may be atypical.

11. LINKS

We may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. Since we do not have any control over third party web sites or resources, we cannot be held responsible or liable for any Content, or for your reliance on any Content, found on such third party web sites or resources.

12. ERRORS

Although we attempt to maintain the integrity of the Site and other Offerings, we make no guarantee as to the accuracy or completeness of the Site or other Offerings. If you believe that you have discovered an error in the Site or other Offerings, please contact us at customersupport@enerjii.com and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

By using the Site or other Offerings, you expressly agree that:

The Site and other Offerings are provided on an 'as is' and 'as available' basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not make any warranty that (i) the Site or Offerings will meet your requirements; (ii) the Site or other Offerings will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site or other Offerings will be accurate or reliable; or (iv) any errors in the Site or other Offerings will be corrected.

Your use of the Site or other Offerings is at your sole risk. Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site or other Offerings. We may not be held liable for any damages or harm attributable to viruses or other destructive materials.

We make no representations or warranties regarding Affiliate web sites, including warranties of merchantability or fitness of purpose. You should not rely on any representations or warranties contained on any Affiliate web sites.
The Company must approve any additional warranties in writing.

You agree not to hold us, our officers, directors, employees, agents, designees, representatives, Affiliates, or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from:

a) your inability to access your registration data at any time;
b) your participation as an Enerjii UK  Affiliate;
c) your use or inability to use the Site or your purchase or use of other Offerings;
d) unauthorized access to or alteration of your transmissions or data; or
e) the acts of any third party related to the Site or other Offerings.

You hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if we have been advised of the possibility of such damages. Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you.

14. INDEMNIFICATION

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, Affiliates and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or in any way related to:

a) your acts or omissions in connection with the Site or other Offerings;
b) the acts or omissions of any person in connection with the Site or other Offerings using your account;
c) your purchase or use of the Site or other Offerings and the purchase or use of the Site or other Offerings by any person using your account;
d) breach of any provision of this Agreement;
e) any allegation that any materials submitted to us, transmitted to us or through the Site or other Offerings infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights.

If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.

15. TERMINATION; MODIFICATION

At any time and for any reason, we may terminate your use of and access to the Site or other Offerings. At any time and for any reason, we may modify or discontinue providing the Site or other Offerings, or any part thereof, with or without notice to you. No notice is required to affect any termination right of any party. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the Site or other Offerings or our termination of your access to the Site or other Offerings.

16. CLAIMS

Enerjii makes no medical or therapeutic claims for its products and the general information presented on the various technologies is for information purposes only and Enerjii makes no specific claims or warranties in regard to their accuracy.

Enerjii's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

17. ACCURACY

Enerjii may make changes to any products or services offered on the Site, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Enerjii makes no commitment to update the materials on the Site with respect to such products and services.