Terms of Use

TERMS AND CONDITIONS OF USE

Welcome to the Enervations, Inc.’s website, http://efactenergy.com/ (“Website”) and thank you for reviewing our Terms and Conditions of Use. Enervations (“Provider,” “We,” “Our” or “Us”) makes this Website, including all offerings, contests, information, documents, communications, files, text, graphics, software, photographs, video, audio/visual files, and any other copyrightable materials owned by Us (collectively, “Materials or Services”) available for your use subject to the Terms and Conditions of Use set forth below. The Terms and Conditions of Use spell out what You can expect from Us and what We can expect from You.

  1. 1.              Acceptance of Terms and Conditions of Use.

By using this Website, You (“You,” “Your” or “User”) accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms and Conditions of Use”).  Please read the following Terms and Conditions of Use carefully. If You do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Materials or Services from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions of Use.

  1. 2.              Changes to the Terms and Conditions of Use.

We reserve the right to change the Terms and Conditions of Use at any time. In the event We do so, We will post the changes on this page and the date of the changes at the top of this page. You are responsible for regularly reviewing the Terms and Conditions of Use. If We make what We consider to be material changes to the Terms and Conditions of Use, You will also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. Your continued use of the Website after a change or update has been made to the Terms and Conditions of Use will constitute Your acceptance of such change or update. If You do not agree to the Terms and Conditions of Use or any changes or updates,  Your sole remedy is to cease using the Website. If You breach any of the Terms and Conditions of Use, Your authorization to use the Website automatically terminates.

  1. 3.              Eligibility.

To be eligible to register and create an authorized account (“Account”) on the Website, You must be at least eighteen (18) years of age and not a person barred from receiving services under the laws of Your jurisdiction.  By using the Website, You represent that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions of Use. Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any potential User.

Employees, officers, directors, investors, agents, and representatives of Provider or of any of its parent companies, subsidiaries or affiliates, partners, licensees, advertising, promotional or other agencies, software suppliers and/or developers, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household are NOT eligible to participate in any Provider sponsored Contests (defined below) offered on the Website under any circumstances. Any User found to have violated this provision shall not be entitled to collect any winnings, if applicable.

4.         Service Not Available in Some States.

You are subject to the laws of the state, city or other legal entity (collectively “Jurisdiction”) in which You reside and/or from which You access the Website and the Service. WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an Account and/or participate in a Service, including a Contest, offered on the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms and Conditions of Use, and subject to having Your Account suspended or terminated. You hereby agree that Provider cannot be held liable if laws applicable to You restrict or prohibit Your participation. Provider makes no representations or warranties, implicit or explicit, as to Your legal right to participate in any Service offered on the Website, including Contests, nor shall any person affiliated, or claiming affiliation, with Provider have authority to make any such representations or warranties.

5.         Account Registration.

In order to participate in certain Services on this Website, including Contests, You will need to create an Account. To create an Account, You may go to our Website and complete the registration form or You also can register for an Account through a third-party social network site (“SNS”), such as Facebook®. You will need to submit Your e-mail address and select a unique username and a password (the “Identifiers”) and other details as requested. You agree that all information that You submit during the registration process is true and accurate. Any information collected by Provider will be held subject to our Privacy Policy[k2] . The username must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. If Provider receives information of a username which is illegal or in breach of the Terms and Conditions of Use, this username can be amended by Provider without prior notice.

When you register through Your SNS account, You will be asked to login to the Service using your SNS account credentials. Creating an Account for the first time via a SNS will prompt You to connect Your EFACT™ and SNS accounts. By creating an EFACT™ Account via Your account with an SNS, You are allowing Provider to access your SNS account information and You are agreeing to abide by the applicable terms and conditions of Your SNS in Your use of the Service via such SNS.

By registering for an Account, You also consent to allow Provider to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Provider reserves the right to reject or revoke Your Account at its discretion for any reason.

6.         Your Account.

A.             Account Responsibility.

When you create Your Account, You represent that You are at least ­­­­­eighteen (18) years old and not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website or Services offered therein that require an Account.

B.             Secrecy Obligation.

Once You have the Identifiers for Your Account, it is Your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Provider by sending an e-mail to support@efactenergy.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider.

C.             One Account.

Only one Account is allowed per User. If it is determined that You have registered more than one Account, then You acknowledge and agree that You shall not be eligible to earn rewards or to win any prizes and Provider has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Website or Services offered therein that require an Account and/or all winnings may be voided. In such an event, Provider uses these funds to defray the costs of administration and enforcement of the Terms and Conditions of Use.

D.             No Transfer.

Your Account is not transferable. You may not allow any other person to access Your Account or participate in any Service using Your Account information. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to participate in a Service in Your applicable Jurisdiction, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities and and/or all winnings may be voided and not returned to You. Provider will not be liable for any loss that You incur as a result of someone else using Your Account, either with or without Your knowledge. However, You will be liable for losses incurred by Provider or another party due to someone else using Your Account.

  1. 7.              Contests.

Provider may offer via the Website a variety of contests where You can enter and win prizes (the “Contests”). Please see the Website’s homepage for a listing of current Contests available and the complete details and Official Rules for each Contest. Each of Provider’s Contests are governed by specific rules, as may be modified from time to time, and are incorporated into these Terms and Conditions of Use by this reference. You have the responsibility to review the rules prior to participating in any Contest, and to review the rules for any changes. You agree to abide by the then-current rules for the Contest(s) in which You are entered. Your failure to follow the then-current rules for the Contest(s) in which You are entered will result in your immediate and automatic forfeiture of the Contest, and Provider reserves the right to immediately terminate Your access to the Website.

The results and winners of each Contest offered on the Website will be determined by Provider at its own discretion and such determinations are final. By registering an Account and/or participating in any Contest, You agree to be bound by these determinations.

8.         Online Store

Provider may operate an Online Store (“Online Store”) accessible from the Website that offers for sale [insert sampling of goods available in online store]. In some cases, items displayed for sale on the Online Store may not be available, may occasionally be out of stock or may be discontinued without notice. All prices featured on the Online Store are quoted in U.S. Dollars.

  1. A.             Description

Provider will make every effort to ensure the accuracy of prices, availability and item details. However, Provider does not warrant that product descriptions or other content of the Online Store are accurate, complete, reliable, current or error-free and Provider is not responsible for typographical errors. Provider reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and Your credit card charged.

  1. B.              Risk of Loss

All items purchased from the Online Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon Our delivery to the carrier.

C.         No Refunds

You agree that all sales of real goods are final. No refunds will be given, except in Provider’s sole and absolute discretion.

9.         Third Party Payment Processors

Provider uses third-party electronic payment processors and financial institutions (“Payment Processors”) to process payments for purchases of items from the Online Store. The information that We provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy, available at [Insert hyperlink to Privacy Policy]. You irrevocably authorize Us, as necessary, to instruct such Payment Processors to handle payments and You irrevocably agree that Provider may give such instructions on Your behalf in accordance with your requests as submitted through the Online Store. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and Conditions of Use and the Payment Processors’ terms and conditions, then these Terms and Conditions of Use shall prevail. You agree that Provider is not liable for any loss caused by any unauthorized use of Your credit card or other method of payment by a third party in connection with Your use of the Website, except as a result of the gross negligence of the Provider or its employees.

10.       Intellectual Property Rights.

A.        Copyright Information and Personal & Non-Commercial Use Limitation.

All Materials and the compilation of all content included on this Website are owned or licensed by Us and protected by United States and international copyright laws. Copyright © 2012 Market Watch Franchise & Consulting Inc. All Rights Reserved. We do not claim ownership of copyrights owned by third parties.

You have been granted a license to view and use the Materials subject to these Terms and Conditions of Use. Unless otherwise specified, the Materials on this Website are for Your personal and non-commercial use. You may not sell or modify the Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Us. Users may not provide copyrighted or other proprietary information to Us without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.

B.         Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to Our Designated Agent listed below. For Your notice to be effective, it must include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) A description of the copyrighted work that You claim has been infringed upon;

(3) A description of where the material that You claim is infringing is located on this Website;

(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Designated Agent is:

Enervations, Inc.

Attn: Helmut Alscher

3960 Howard Hughes Pkwy.

#500

Las Vegas, NV 89169

The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.

C.        Trademarks.

All trademarks, whether product names or company names, including accompanying logos, if any, appearing on the Website are the property of their respective owners. These trademarks may not be used without prior written permission of their respective owners.

D.         Ideas and Inventions.

All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Us in connection with Your use of this Website shall be Our exclusive property. You agree that unless otherwise prohibited by law We may use, sell, exploit and disclose such Ideas in any manner, without restriction and without compensation to You.

11.       Privacy and Protection of Personal Information.

We respect the privacy of visitors to the Website. Please see Our Privacy Policy [k3] relating to the collection and use of Your information.  You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which We collect, use and disclose Your personally identifiable information, is incorporated and made part of these Terms and Conditions of Use.  If You do not agree to each and every part of Our Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Us via e-mail at privacy@enervations.us.

12.       Blogs, Forums, & Other Interactive Services or Areas.

The Website may include discussion forums or other interactive areas or services, such as blogs, chart rooms, bulletin boards, or other areas or offerings in which You or other parties create, post, upload or store any content, messages, videos, comments, materials or other items on the Website (“Interactive Areas”). You are solely responsible for Your use of the Website’s Interactive Areas and use them at Your own risk. By using any Interactive Areas, You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:

A.        Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photographs, graphics, pictures, code, software or other works, content or materials (“User Content”) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Us in Our sole discretion).

B.         User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

C.        User Content that You do not have the right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

D.         User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property right, content or proprietary right of any party. By posting User Content, You represent and warrant that You have the lawful right to transmit, distribute, reproduce and display such User Content;

E.         User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations;

F.         User Content that impersonates any person or entity (including, without limitation, one of Our directors, officers, employees, shareholders, agents or representatives) or falsely states or otherwise misrepresents Your affiliation with Us, or any other person or entity;

G.        Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, or other forms of commercial solicitation;

H.         Private information of any other party, including, without limitation, phone numbers, postal addresses, e-mail addresses, social security information, credit and debit card information and other financial institution account information;

I.          User Content “stalking” or otherwise harassing another user of the Website or an employee of Market Watch Franchise & Consulting, Inc. or any of its affiliates;

J.         User Content that disrupts the Website or the servers or networks connected to the Website or collects or stores or attempts to collect or store personal data about the Website’s Users;

K.         Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and

L.         User Content that, in Our sole judgment is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Us or Our users to any harm or liability of any type.

We take no responsibility and assume no liability for any User Content posted, stored or uploaded by You or any other party, or for any loss or damage thereto, nor are We liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity You may encounter. You understand that Your use of the Website and any Interactive Areas is at Your own risk and may expose You to User Content that is offensive or objectionable. We are not liable for any statements, representations or User Content provided by its users in the Interactive Areas.

Although We have no responsibility for the content of any User Content posted in any Interactive Area, You agree to grant to Us the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, and create derivate works from or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, as well as Your name and likeness in connection with the foregoing, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to You. You agree not to delete or revise any User Content posted by any other party.

We reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and Conditions of Use for the Website and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that We may access, use or disclose any information about You or Your use of this Website, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend Our rights or property or to protect the safety of Our company, employees, customers or the public.

Please be aware that any User Content You post on the Website becomes public information and can be collected and used by others and may result in Your receipt of unsolicited messages from third parties. Accordingly, We discourage You from posting on the Website any personal information that can be used to identify or locate You, such as Your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

13.       Online Conduct.

  1. A.             Conduct Restrictions.

You agree to use the Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the laws of Your jurisdiction and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website and any Contests offered therein; (ix) harassing other Users; (x) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xi) causing any breach of the security of Your Account or the Website; (xii) breaching any of these Terms of Service; or (xiii) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.

  1. B.             Reporting Abuse or Inappropriate Conduct.

If You wish to report any abuses, inappropriate online conduct or a violation of Provider’s Terms of Conditions and Use, please forward all evidence of the same to support@enervations.us. Please refer responsibly!

  1. C.             Penalties for Abuse, Inappropriate Online Conduct and Violating Provider’s Terms of Service.

Provider reserves the right to block, cancel or terminate Your Account without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of the Terms of Conditions and Use, particularly in those instances detailed in Section 11(A) above. Upon the receipt of a credible and validated complaint, Provider may elect to immediately suspend or terminate Your Account. (Suspension serves as a “final” warning and is intended to prevent You from continuing any abusive behavior. Provider will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination on Your Account in Provider’s sole discretion, and may void Your winnings, if any. Provider reserves the right to lift any suspension against You at any time, at its sole discretion. Provider reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.

14.       Disclaimer of Warranties and Limitation of Liability.

You expressly agree that use of the Website, Our Services, and Materials is at Your sole risk.  Neither We nor any of Our officers, directors, or employees, agents, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Us (collectively “Partners”), or the like, warrant that websites affiliated with Partners, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. We make no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided/offered through the Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Website (including, without limitation, in any public posting areas of the Website) by any person or entity other than an authorized Provider spokesperson. Advertisers, content providers, You, guests, independent writers and experts are not authorized Provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, You, guests, independent writers or experts be relied upon for important personal decisions without independent verification.

A.        Disclaimer of Warranties.

THIS WEBSITE IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE, CONTENT, OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

B.         Limitation of Liability.

WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES.  THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE OR INCLUDED THEREON.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR GOODS OR SERVICES, FROM INABILITY TO USE OUR GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.

15.       Third Party Links.

This Website contains links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under Our control, and the existence of a link on the Website does not imply any endorsement of the linked websites by Us or any affiliation between Us and the owners of the linked websites. We make no warranties or representations, and disclaim all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that We have no responsibility to You with respect to such material.  We encourage You to examine the privacy policies and/or terms of use policies of any third party website.

16.       Circumvention.

You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use or the Services offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”).  If We determine, in Our sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Website, then, in such an event, We reserve the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.

17.       Termination.

These Terms and Conditions of Use shall become effective upon Your acceptance or Your use of the Website, and shall continue until terminated by Provider or You as provided for under the terms of this Section.

A.            User’s Right to Termination.

You may terminate Your Account at any time by contacting support at support@enervations.us.

B.            Provider’s Right to Termination.

Provider reserves the right to terminate Your Account, limit or prohibit Your participation in the Service for any reason, including, but not limited to, any violation of the Terms and Conditions of Use, improper conduct or abuse by You as set forth in Section 11. Provider also reserves the right, in its sole discretion, to add, alter or terminate the Website or any Service offered therein, at any time and without notice to You.

18.       Security.

If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website. In addition, You are responsible for maintaining the confidentiality of Your Account and Identifiers and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or Identifiers. You agree to (a) immediately notify Provider of any unauthorized use of Your password or Account and/or other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Provider cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.

We reserve the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion.  Anyone using this Website expressly consents to such monitoring.

We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use.

19.       Indemnification.

You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees) incurred by Us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Us (a) in connection with Your use of the Service or the use of the Service using Your Account; (b) Your use of the Website or Materials, including any data or work transmitted or received by You or any service provider; (c) Your decision to submit postings or videos; (d) Your violation of these Terms and Conditions of Use; or (e) Your violation of any rights of a third party or service provider.This defense and indemnification will survive this agreement and Your use of the Website.

20.       Arbitration.

Any dispute relating in any way to Your visit to this Website shall be submitted to confidential arbitration in Las Vegas, Nevada except that, to the extent You have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive, equitable, or other appropriate relief in any state or federal court and You consent to exclusive jurisdiction and venue in the state and federal courts in the State of Nevada. We agree that any Dispute between us shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under Nevada law, and conducted under its Commercial Arbitration Rules and in accordance with its expedited hearing procedures, except as otherwise provided below.  We will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator in Las Vegas, Nevada and will be limited solely to the Dispute between Us. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) these Terms and Conditions of Use, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Us; or (iii) any other dispute arising out of or relating to the relationship between us. Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879, or writing to 1633 Broadway, 10th Floor, New York, New York 10019.

21.       Applicable Law/Jurisdiction.

By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the State of Nevada will govern these disclaimers, Terms and Conditions of Use and Privacy Policy, without giving effect to any principles of conflicts of laws.  We reserve the right to make changes to Our Website and these disclaimers, Terms and Conditions of Use or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Nevada.

22.       Waiver/Severability.

The failure on Our part to require or enforce strict performance by You of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Our right to assert or rely upon any such provision or right in that or any other instance.

The provisions of these Terms and Conditions of Use are intended to be severable.  If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions of Use, which shall continue to be in full force and effect.

23.       Maintenance and Reporting Problems.

Provider conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server’s security and integrity. If possible, You will be notified of maintenance periods in advance.  A portion, or sometimes all, of the features of the Website will not be available during maintenance periods. All problems encountered during the use of the Website, including those with regard to Your Account, etc., can be reported to Provider when the problem is encountered at support@enervations.us.

24.       Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions of Use and/or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

25.       Notices.

Except as expressly stated otherwise, any notices to this Website shall be made by registered mail to:

Enervations, Inc.

Attn: Helmut Alscher

3960 Howard Hughes Pkwy.

#500

Las Vegas, NV 89169

Notices to You may be mailed to the postal address You provided as part of Your Registration Data (including registered mail) or by electronic mail to the e-mail address You provided as part of Your Registration Data. Notice sent to You shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the date of mailing.

26.       Entire Agreement.

These Terms and Conditions of Use constitute the entire agreement between us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of the Terms and Conditions of Use or Privacy Policy will be effective only if in writing and signed by Us.

The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.

Date Last Modified:  October 15th 2012.

These Terms and Conditions of Use may be changed at any time.