TERMS OF SALE

1. INTRODUCTION

PLEASE READ THE FOLLOWING TERMS OF SALE (“TERMS OF SALE”) CAREFULLY BEFORE PURCHASING PRODUCTS OR A SUBSCRIPTION (EACH AS DEFINED BELOW) OFFERED BY ENERGY4LIFE, INC. (“US”, “WE”, “OUR”, OR “E4L”). THESE TERMS OF SALE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PURCHASE AND USE OF THE ENERGY4LIFE PRODUCTS, WHICH INCLUDE BUT ARE NOT LIMITED TO THE ENERGY4LIFE GEM DEVICES (AS DEFINED BELOW), SUBSCRIPTIONS, AND ANY OTHER PERIPHERALS, ACCESSORIES, APPAREL, OR ANY PRODUCTS OFFERED BY ENERGY4LIFE OR AN ENERGY4LIFE AUTHORIZED PARTNER (AS DEFINED BELOW) THAT YOU PURCHASE FROM OUR ONLINE STORE (THE “STORE”) OR THROUGH AN AUTHORIZED THIRD-PARTY RETAILER OR AUTHORIZED THIRD-PARTY MARKETPLACE (EACH, AN “AUTHORIZED RESELLER”) (COLLECTIVELY, THE “PRODUCTS” OR THE “ENERGY4LIFE PRODUCTS”). THESE TERMS COVER IMPORTANT INFORMATION ABOUT THE PRODUCTS YOU PURCHASE AND ANY CHARGES AND AMOUNTS THAT WE BILL YOU.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SALE AND ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THESE TERMS OF SALE AND TO PURCHASE AND USE THE PRODUCTS. “YOU” AND “YOUR” REFER TO THE PERSON PURCHASING A PRODUCT OR IF YOU PURCHASE A PRODUCT ON BEHALF OF AN EMPLOYER, COMPANY, ORGANIZATION, OR OTHER ENTITY, THEN (I) ALL REFERENCES TO “YOU” HEREIN INCLUDE YOU AND THAT ENTITY, (II) YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ENTITY WITH THE AUTHORITY TO BIND THE ENTITY TO THESE TERMS OF SALE, AND (III) YOU AGREE TO THESE TERMS OF SALE ON THE ENTITY’S BEHALF.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR A PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SALE. If your order includes a Subscription, our Terms of Use are hereby incorporated into these Terms of Sale by reference. If you do not accept these Terms of Sale, then you are not authorized to purchase Products. In these Terms of Sale, any words following the term “including” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

We reserve the right to change these Terms of Sale at any time, so please review the Terms of Sale each time prior to making a purchase. Every time you order Products, the Terms of Sale in force at that time will apply between you and Energy4Life. If you have any questions regarding these Terms of Sale, you can contact Energy4Life at support@energy4life.com

Please read these terms carefully.

Some of our Products, such as the Energy4Life Devices (the “GEM Watch” or “GEM Pendant”), require the purchase of subscription services provided by Energy4Life (the “Subscription”) to allow the user to track, manage and share wellness-related information collected by the Energy4Life Devices. To make use of the Subscription, a user must create an account (“Account”), as described in our Terms of Use. If you are the user of a Product for which agreement to the Terms of Use is necessary in order to use the Product, please be sure to review our Terms of Use for specific terms regarding your Subscription and the related services. 

Although the Store is accessible worldwide, the Products offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products, you choose to do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store, the Products, and any related services are not designed for use in all countries and some or all of the features of the Store, Products, and any related services may not work or be appropriate for use in all countries.

2. ENERGY4LIFE AUTHORIZED PARTNERS

Energy4Life may collaborate with certain distributors (collectively, the “Energy4Life Authorized Partners”) to offer the capability to promote Energy4Life Products.  Energy4Life Authorized Partners will need to identify themselves as such.

3. AVAILABILITY

All Products offered on the Store and via Energy4Life Authorized Partners are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products without prior notice.

To the extent permitted under applicable laws, we make no representations, warranties, or conditions as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any Products available through the Store or via an Energy4Life Authorized Partner. Such information and the availability of any Product (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see on the Store will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.

4. PRICING

Prices are stated in the applicable currency based on your selected location. Your total price for Products will include the price of the Products in your order plus any applicable sales tax and shipping charges, less any discounts offered. We reserve the right to change prices at any time, but changes will not affect any order for Products you have already placed prior to the change in price. We do not provide price protection or refunds in the event of a price drop or promotional offering. In the event that a Product is listed at an incorrect price on the Store due to typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price paid.

5. PAYMENT

Terms. Any payment terms presented to you in the process of purchasing your Products are deemed part of these Terms of Sale and are incorporated herein by reference. For all orders, Energy4Life calculates and charges sales tax in accordance with applicable laws. By providing a credit card or other payment method accepted by Energy4Life you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our Payment Processor (as defined below)) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any payment problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Account, you can do so at any time by logging into your Account at https://energy4life.backoffice.com and editing your payment information.

Billing. We may collect payments for the Products from you directly or we may use a third-party payment processor (“Payment Processor”) to bill you through a payment account selected by you at checkout or linked to your Account. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms of Sale. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Product, you agree to pay us, either directly or through a Payment Processor, all amounts for the applicable order in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due for your order and/or on your Account upon demand.

6. RESALE AND TITLE TRANSFER

Purchases made on the Store or via an Energy4Life Authorized Partner are intended for end users only and are not authorized for resale. We reserve the right to refuse or cancel your order if we suspect you are purchasing Products for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by Energy4Life to the freight carrier, but Energy4Life and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you. Title for Products purchased from an Energy4Life Authorized Partner passes to the purchaser at the time of purchase.

7. SHIPPING AND DELIVERY

For purchases made on the Store, our delivery charges and methods are as described on our website. The estimated arrival or delivery date is not a guaranteed delivery date for your order, and you agree that we are not liable for late deliveries. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.

8. RETURNS FOR REFUND

Our Return Policy for Energ4Life GEM Devices and Subscriptions. For the return policy for the GEM Watch, GEM Pendant as well as Subscriptions see the Terms of Use.

Our Return Policy for other Products. If you purchased apparel and accessories from the Store, Energy4Life will accept all unworn returns within thirty (30) days of delivery, unless marked as final sale. You must cover the cost of shipping to return the applicable Product. To initiate a return, please contact us at support@energ4life.com and submit a request. Energy4Life reserves the right to reject the return if the product is worn or used. In this case, the user will not receive a refund.

9. COMPATIBILITY

Products sold through the Store or via an Energy4Life Authorized Partner are the only items compatible with the Products, including but not limited to the Energy4Life GEM Watch and GEM Pendant. You agree that lack of compatibility does not constitute a defect giving rise to a claim under our Limited Warranties described below or as found in our Terms of Use. Furthermore, you will be solely responsible for damage resulting to your Product, and any other peripherals, accessories, or apparel used in conjunction with the Product, due to your use of any product or service that is not compatible with the Product.

10. WARRANTIES AND DISCLAIMERS

EXCEPT FOR THE LIMITED WARRANTIES LISTED BELOW, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE STORE, AND ALL PRODUCTS, SERVICES, AND CONTENT AVAILABLE ON THE STORE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

You use any and all Products at your own discretion and risk. You will be solely responsible for (and Energy4Life disclaims) any and all loss, liability, or damages resulting from your use of a Product, including damage or loss to your Product, and any other peripherals, accessories, or apparel connected to the Product.

The Limited Warranties described below do not apply to third-party products, peripheral, accessories, or apparel that may be sold. For warranty issues related to those products, please contact that manufacturer.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF THE AMOUNT PAID FOR A PARTICULAR PRODUCT, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE A USER FROM NEW JERSEY, SECTION 10 (WARRANTIES AND DISCLAIMERS) AND SECTION 12 (LIMITATION OF LIABILITY) ARE INTENDED TO BE, AND ARE, ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PROVISION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THE APPLICABLE SECTIONS.

12. DATA PROTECTION

By placing an order for Products, you agree and understand that Energy4Life may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Energy4Life will process your information in accordance with our Privacy Policy. Energy4Life works with other companies that help Energy4Life provide Products to you, such as freight carriers and credit card processing companies, and you direct Energ4Life to share certain information with these companies for this purpose.

13. ELECTRONIC COMMUNICATIONS

You are communicating with Energy4Life electronically when you use the Store, use our mobile application, or send an email to Energy4Life. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order through the Store, we collect and store your email address. From that point forward, your email address is used to send you information about our products and services unless you opt-out of such emails.

14. NOTIFICATIONS

Energy4Life may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Energy4Life website. Energy4Life is not responsible for any automatic filtering you or your network provider may apply to email notifications. Energy4Life recommends that you add @energy4life.com URLs to your email address book to help ensure you receive email notifications from Energy4Life. For notifications made by e-mail, the date on which the message is sent will be deemed the date on which such notification is transmitted.

15. FORCE MAJURE

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16. PROTECTION OF CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS

Notwithstanding anything contained herein, Energy4Life may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.