TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBYAGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEED/NO TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES- THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 09/03/2016.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Karma & Enlightenment, Inc.: also known as Karma & Enlightenment, and our subsidiaries and aﬁiliates, in association with the use of the Karma & Enlightenment website, which includes innerenergywveightloss.com, (the “Site”) and its Services: which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description: Inner Energy Weight Loss Information and Coaching. Any and all visitors to our site, despite Whether they are registered or not: shall be deemed as “users” of the herein contained services provided for the purpose of this TOS. Once an individual registers for our services through the process of creating an account the user shall then be considered a “member.”
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Karma & Enlightenment’s Services under the laws and statutes of the United States or other applicable jurisdiction. When you register, Karma & Enlightenment may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Karma & Enlightenment and sign in to our services, you are no longer anonymous to us. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Karma & Enlightenment, Inc. Will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Karma & Enlightenment, Inc. Services, or any portion thereof. It is Karma & Enlightenment, Inc.’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Karma & Enlightenment website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his or her child or children to access the various Services provided. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and conﬁdentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Karma & Enlightenment, Inc. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Karma & Enlightenment, Inc. shall not be held liable for any loss and/or damage arising ﬁom any failure to comply with this term and/or condition of the TOS.
All users andfor members herein agree to insure and hold Karma & Enlightenment, Inc., our subsidiaries, aﬁiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Karma & Enlightenment Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Karma & Enlightenment’s sites.
Karma & Enlightenment, Inc. shall reserve the right at any time it may deem ﬁt, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or Without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modiﬁcation, suspension and/or discontinuance of our services, or any part thereof.
As a member of innerenergyweightloss.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com. As a member, you agree that Karma & Enlightenment, Inc. may, Without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement; regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance; alteration and/or material modification to our services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any engagement by you in any fraudulent or illegal activities; and/or
f) the nonpayment of any associated fees that may be owed by you in connection with your innerenergywveightloss.com account services.
Furthermore, you herein agree that any and all terminations; suspensions; discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account; associated email address and/or access to any of our services.
The termination of your account with innerenergyweightlosscom shall include any and/or all of the following:
a) the removal of any access to all or part of the services oﬁered Within innerenergyweightlosscom;
b) the deletion of your password and any and all related information, ﬁles, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods andfor Services, and any such other term, condition, warranty and/or representation associated With such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Karma & Enlightenment, Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Karma & Enlightenment, Inc. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Karma & Enlightenment, Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of; caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Karma & Enlightenment, Inc’s Services shall contain proprietary and conﬁdential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Karma & Enlightenment, Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Karma & Enlightenment, Inc. Services, in whole or part.
a) Inner Energy Weight Loss has changed many people’s health starting from the inside. However, we make no guarantees on the effectiveness of our weight loss methods since each person’s situation is unique. We also make no statements or guarantees as to the time required for weight loss by using our products or services.
b) The information is intended for educational purposes only, not intended as professional medical advice, help, diagnosis, or treatment. Results will vary with many factors. Check your physician or other qualified health care provider before starting any weight loss program.
c) You should consult your physician or other health care professional before starting this or any other weight loss program. Do not start this program if your physician or health care provider advises against it.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF KARMA & ENLIGHTENMENT, INC. SERVICES ARE AT THE SOLE RISK BY YOU. OUR SERVICES SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. KARMA & ENLIGHTENMENT, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) KARMA & ENLIGHTENMENT, INC. AND OUR SUBSIDIARIES, OFFICERS, ENIPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) KARMA & ENLIGHTENMENT, INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) KARMA & ENLIGHTENMENT, INC. SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE KARMA & ENLIGHTENNIENT, INC. SERVICES WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SERVICES SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF KARMA & ENLIGHTENMENT: INC. SERVICES SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
(D) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL THAT MAY BE OBTAINED BY YOU FROM KARMA & ENLIGHTENMENT, INC. OR BY WAY OF OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT KARMA & ENLIGHTENMENT, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Karma & Enlightenment, Inc. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
a) for our information or services, or your conduct using our Services, or for any action you take, whether due to our negligence or otherwise. You are liable for any claims by other users, third parties or us for loss, damage, costs or expenses suffered in connection with your use and participation in the Services and you agree to indemnify us and our officers, employees, agents, contractors and advisors against any such claims.
b) for any claims, loss, damage, costs (including legal costs), expense or liability of any kind you or any other person suffers in connection with our Services, whether direct, indirect, consequential or special and whether we were aware of the possibility of that loss or damage or whether it was due to our negligence or otherwise. The same applies to our officers, employees, agents, contractors and advisors;
c) for any indirect, special or consequential loss; or
d) for any loss, alteration of or damage to any material you provide to us through our Services;
e) for any delays or interruptions in the provision of the Services; and
These limitations of liability apply even if Karma & Enlightenment, Inc. has been expressly advised of the potential loss.
In the event you have a dispute, you agree to release Karma & Enlightenment, Inc. (and its oﬁicers, directors, employees, agents, parent subsidiaries, afﬁliates, co—branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SONIE JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE ABOVE LIMITATIONS OF SECTIONS \VARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneﬁciaries to this agreement. NOTICE Karma & Enlightenment, Inc. may furnish you with notices, including those With regards to any changes to the TOS, including but not limited to email, regular mail, MS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Karma & Enlightenment, Inc. trademarks, copyright, trade name, service marks, and other Karma & Enlightenment, Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Karma & Enlightenment, Inc. You herein agree not to display and/or use in any manner the Karma & Enlightenment, Inc. logo or marks without obtaining Karma & Enlightenment, Inc.’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Karma & Enlightenment, Inc. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Karma & Enlightenment, Inc. may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site vdiich you allege has been infringing upon your work;
d) Your physical address, telephone number; and email address;
e) A statement; in which you state that the alleged and disputed use of your work is not anthorized by the copyright owner; its agents or the law;
f) And ﬁnally; a statement; made under penalty of perjury; that the aforementioned information in your notice is truthﬁJl and accurate; and that you are the copyright or intellectual property owner; representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Kama & Enlightenment, Inc. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Karma & Enlightenment, Inc.
Attn: Copyright Agent
BE IT KNOWN, that Karma & Enlightenment, Inc. complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at innerenergyweightloss.com
This TOS constitutes the entire agreement between you and Karma & Enlightenment, Inc. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Karma & Enlightenment, Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Karma & Enlightenment, Inc. Services, afﬁliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Karma & Enlightenment, Inc. With regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conﬂict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Karma & Enlightenment, Inc., shall be ﬁled within the courts having jurisdiction within the County of West Palm Beach, Florida or the U.S. District Court located in said state. You and Karma & Enlightenment, Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Karma & Enlightenment, Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reﬂected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents Within your account shall terminate upon your death- Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be ﬁled Within 1 year after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Karma & Enlightenment: Inc. as follows: Karma & Enlightenment, Inc. Email: info@innerenergyweightloss,com