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Terms of Purchase

TERMS OF PURCHASE

In purchasing an online and/or digital product or service (the “Product”) from Laina Caltagirone LLC and Amanda Marit LLC (collectively, “The Company”), you are granted access to the Product for one (1) person only. The Product may include content such as live Product access, Product visual, audio, written, or video content, content on www.theenergycleanse.com, (collectively, “Content”), as well as access to a membership website (the “Site”) and a private Facebook group. You agree and consent to the following legal terms that govern your use of the Product, Site, and any content contained therein and that form a legal agreement, (“Agreement”) between you and the Company.

PURCHASING REQUIREMENTS + USE OF SITE

You warrant that, in using this Site, Content, and/or purchasing this Product, you are over the age of 18. Anyone under the age of 18 is expressly prohibited from using this Site, Content, and/or Product. The Product is available for individual purchase only. Friends, family, collaborators, partners, colleagues, etc., will need to each purchase the Product individually. You are expressly prohibited from sharing access to the Product with anyone else. Additionally, you have no right to assign this Agreement as this Product is non-transferable. The Company reserves the right to restrict your access to the Product for violating this provision.

PAYMENT POLICY

You are responsible for paying for the Product in full and for providing Company with a valid credit card or other payment method. If you enrolled in a payment plan and miss a payment, your access to the Product will be suspended until a valid payment method is provided. Multiple missed payments may result in termination of your access to the Product unless all remaining payments are made in full. If the payment is declined, returned or deemed fraudulent, your access to the Product will be terminated until all payments are made in full. Company reserves the right to terminate access to the Product their discretion.

REFUND POLICY

Our Company wants you be happy with your Product. However, due to the nature of digital products and services, we do not grant refunds.

WARRANTIES AND DISCLAIMERS

The Product, the Site, and all Content contained herein is provided “as is” and the Company makes no representations or warranties that the Product and information contained therein is current, accurate, reliable, nor complete.

WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Company DOES NOT WARRANT THAT THE Product WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Company makes no guarantees that you will get any results from your use of the Product, Site, or any of the content contained herein. You agree that you are responsible for your own actions and inactions in life and business decisions. This Product does not provide any professional financial, legal, medical or psychological services or advice. None of the content of the Product cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Company disclaims any liability for your reliance on any opinions or advice contained in the Product, Site, or Content contained herein.

LIMITATION OF LIABILITY

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR AND WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, YOU AGREE THAT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH PURCHASE OF THE Product IS AT YOUR SOLE RISK AND THE COMPANY HEREBY DISCLAIMS ANDY AND ALL LIABILITY FOR ANY LOSSES OR LIABILITIES RELATING TO OR RESULTING FROM USE OF SUCH INFORMATION IN ANY WAY.

PRIVACY

You agree to be subject to the Company’s Privacy Policy, which is incorporated here by reference. The Company does not knowingly collect information from anyone under 13 years of age.

PROHIBITED CONDUCT

You are strictly prohibited from the following conduct and: You shall not upload, post or otherwise make available on the Site that infringes on any copyright, trademark, or other proprietary right nor that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

- You shall not cause damage to the Product and/or Site nor use it to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software.

- You shall not use the Product and/or Site for any unlawful, illegal, fraudulent or harmful purpose or activity. You shall not systematically or automatically collect data from the Product or Site. You agree that you shall be liable for any damage resulting from any any of the above forbidden conduct and that you shall use this Product, Site, and Content contained herein for lawful purposes only.

THIRD-PARTY RESOURCES AND WEBSITES

The Product, Site, and Content contained herein may contain links to third party websites and resources that are not a part of this Product. . You acknowledge and agree that we are not responsible or liable for evaluating the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources and Company is not liable for any third-party websites and/or materials and you agree not to use them in a manner which would violate the rights of any party.

INTELLECTUAL PROPERTY

You agree that this Product includes proprietary Content (including but not limited to videos, audio recordings, PDF’s, photos, logos, designs and graphics) which is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You are purchasing this Product for your personal, noncommercial use only. Any reproduction or unauthorized use shall constitute infringement. Duplicating, sharing or uploading Product files in many manner inconsistent with this Agreement is considered stealing and Company reserves the right to prosecute to the fullest extent permitted by law. Specifically, you may not republish, reproduce, duplicate, modify, copy, display, distribute, sell, rent, lease, or create derivative works from the Product, Site, or Content contained herein. You will not use the Product in a manner that constitutes infringement or that has not been authorized by Company either directly or indirectly through this Agreement. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

OWNERSHIP

This Site and Product are owned and operated by Company. All right, title and interest in and to the materials provided herein including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Company. Except as otherwise expressly provided, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this website and/or within the Product shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise.

ARBITRATION

Should any issue arise, we request you email us at info@theenergycleanse.com to resolve any issue. If it cannot be resolved amicably, Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Company should be addressed to: 111 S. Moody Avenue, Tampa, FL 33609 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If no agreement to resolve the claim has been reached within 30 days after the Notice is received, either party may commence an arbitration proceeding.

GOVERNING LAW

Any legal action or proceeding related to your access or use of this information on this Site or within the Product will be governed by the laws, rules, and regulations of the State of Florida and venue will be proper in same. You consent irrevocably to personal jurisdiction in such courts and waives any defense of forum non conveniens. We expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

BINDING EFFECT

The terms of this Agreement bind and inure to the benefit of the parties’ successors and assigns. This Agreement is not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

CHANGES

The Company reserves the right to amend and update this Agreement at any time. Such amendments are effective immediately upon notice to you by us posting the new Agreement on this Site. Any use of the Product, Site, or Contents contained herein by you after being notified means you accept these amendments.

ENTIRE AGREEMENT + SEVERABILITY + NO WAIVER

This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. Should any provision of this Agreement conflict with applicable law, the applicable law shall prevail, but the unenforceable portion shall be deemed to be severed from the Agreement only to the extent necessary and the remained of this Agreement shall remain valid and in full force and effect. The failure of the Company to exercise or enforce any right or provision or performance of any obligation under the Agreement shall not constitute a waiver of such right or provision. Waiver of any breach of any provision shall not be deemed a waiver of any other breach of such provision or any other provision in this Agreement.


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