Terms and Conditions

 

Introduction

 

These terms and conditions govern your use of EnergyHealth.com; by using EnergyHealth.com, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use EnergyHealth.com.

 

You must be at least [18] years of age to use EnergyHealth.com.  By using EnergyHealth.com [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.

 

EnergyHealth.com uses cookies.  By using EnergyHealth.com and agreeing to these terms and conditions, you consent to Energy Health Centre's use of cookies in accordance with the terms of Energy Health Centre's [privacy policy / cookies policy].

 

 

License to use website

 

Unless otherwise stated, Energy Health Centre and/or its licensors own the intellectual property rights in EnergyHealth.com and material on EnergyHealth.com.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from EnergyHealth.com for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

·        republish material from EnergyHealth.com (including republication on another website);

·        sell, rent or sub-license material from EnergyHealth.com;

·        show any material from EnergyHealth.com in public;

·        reproduce, duplicate, copy or otherwise exploit material on EnergyHealth.com for a commercial purpose

·        edit or otherwise modify any material on EnergyHealth.com

·        redistribute material from EnergyHealth.com [except for content specifically and expressly made available for redistribution].

 

Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].

 

 

Acceptable use

 

You must not use EnergyHealth.com in any way that causes, or may cause, damage to EnergyHealth.com or impairment of the availability or accessibility of EnergyHealth.com; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use EnergyHealth.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to EnergyHealth.com without Energy Health Centre’s express written consent.

 

You must not use EnergyHealth.com to transmit or send unsolicited commercial communications.

 

You must not use EnergyHealth.com for any purposes related to marketing without Energy Health Centre’s express written consent.

 

 

Restricted access

 

Access to certain areas of EnergyHealth.com is restricted.] Energy Health Centre reserves the right to restrict access to [other] areas of EnergyHealth.com, or indeed this entire website, at Energy Health Centre’s discretion.

 

If Energy Health Centre provides you with a user ID and password to enable you to access restricted areas of EnergyHealth.com or other content or services, you must ensure that the user ID and password are kept confidential. 

 

Energy Health Centre may disable your user ID and password in Energy Health Centre’s sole discretion without notice or explanation.

 

 

User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to EnergyHealth.com, for whatever purpose.

 

You grant Energy Health Centre a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Energy Health Centre the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Energy Health Centre or a third party (in each case under any applicable law). 

 

You must not submit any user content to EnergyHealth.com that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

Energy Health Centre reserves the right to edit or remove any material submitted to EnergyHealth.com, or stored on Energy Health Centre’s servers, or hosted or published upon EnergyHealth.com.

 

Notwithstanding Energy Health Centre’s rights under these terms and conditions in relation to user content, Energy Health Centre does not undertake to monitor the submission of such content to, or the publication of such content on, EnergyHealth.com.

 

 

No warranties

 

EnergyHealth.com is provided “as is” without any representations or warranties, express or implied.  Energy Health Centre makes no representations or warranties in relation to EnergyHealth.com or the information and materials provided on EnergyHealth.com. 

 

Without prejudice to the generality of the foregoing paragraph, Energy Health Centre does not warrant that:

 

l  EnergyHealth.com will be constantly available, or available at all

l  the information on EnergyHealth.com is complete, true, accurate or non-misleading.

 

Nothing on EnergyHealth.com constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

 

 

Limitations of liability

 

Energy Health Centre 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, EnergyHealth.com:

 

l  to the extent that EnergyHealth.com is provided free-of-charge, for any direct loss

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Energy Health Centre has been expressly advised of the potential loss.

 

 

Exceptions

 

Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the terms and conditions will exclude or limit Energy Health Centre’s liability in respect of any:

 

l  death or personal injury caused by Energy Health Centre’s negligence;

l  fraud or fraudulent misrepresentation on the part of Energy Health Centre; or

l  matter which it would be illegal or unlawful for Energy Health Centre to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

 

Reasonableness

 

By using EnergyHealth.com, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable. 

 

If you do not think they are reasonable, you must not use EnergyHealth.com.

 

 

Other parties

 

You accept that, as a limited liability entity, Energy Health Centre has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Energy Health Centre’s officers or employees in respect of any losses you suffer in connection with EnergyHealth.com.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in EnergyHealth.com disclaimer will protect Energy Health Centre’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Energy Health Centre.

 

 

Unenforceable provisions

 

If any provision of EnergyHealth.com disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of EnergyHealth.com disclaimer.

 

 

Indemnity

 

You hereby indemnify Energy Health Centre and undertake to keep Energy Health Centre indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Energy Health Centre to a third party in settlement of a claim or dispute on the advice of Energy Health Centre’s legal advisers) incurred or suffered by Energy Health Centre arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

 

Breaches of these terms and conditions

 

Without prejudice to Energy Health Centre’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Energy Health Centre may take such action as Energy Health Centre deems appropriate to deal with the breach, including suspending your access to EnergyHealth.com, prohibiting you from accessing EnergyHealth.com, blocking computers using your IP address from accessing EnergyHealth.com, contacting your internet service provider to request that they block your access to EnergyHealth.com and/or bringing court proceedings against you.

 

 

Variation

 

Energy Health Centre may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of EnergyHealth.com from the date of the publication of the revised terms and conditions on EnergyHealth.com.  Please check this page regularly to ensure you are familiar with the current version.

 

 

Assignment

 

Energy Health Centre may transfer, sub-contract or otherwise deal with Energy Health Centre’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

 

Entire agreement

 

These terms and conditions constitute the entire agreement between you and Energy Health Centre in relation to your use of EnergyHealth.com, and supersede all previous agreements in respect of your use of EnergyHealth.com.

 

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with TEXAS LAW, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Tarrant County.

 

 

Energy Health Centre’s details

 

Energy Health Centre’s main address is 6221 Colleyville Blvd. Suite #100, Colleyville, TX 76034

 

You can contact Energy Health Centre by email to info@energyhealth.com.