By using this website, you agree to the Terms of Use, which collectively consists of the terms of these Terms and Conditions, our Privacy Policy, Disclaimer, and any other agreements you enter with us for the purpose of using our Website and Services. 

2. Terms and Conditions

These Terms and Conditions are entered into by and between you and ENERGY BY ERIC, LLC (“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to and use of http://www.energybyeric.com, including any content, functionality, and purchase or use of our products or services (collectively, the “Services”) offered on or through http://www.energybyeric.com (the "Website"), whether as a guest or a paid customer.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or purchasing our services, you accept and agree to be bound and abide by the Terms of Use, which includes this Disclaimer, our Terms and Conditions, and Privacy Policy, in addition to any agreements entered for the purchase of our services, incorporated herein by reference. If you do not want to agree to each of the agreements which constitute the Terms of Use, you must not access or use the Website or my services.

We reserve the right to change these Terms and Conditions on the Website at any time without notice. By using the Website, or purchasing or using our services, you are agreeing to the Terms and Conditions as they appear, whether or not you have read them. If you do not agree with these Terms and Conditions, you must not access or use our Website or Services.

If you have purchased any Services from the Company, you will be bound by the terms of the applicable purchase agreement(s), the terms of which will prevail in the event of conflicting terms.

2. Purchases

You may purchase our Services through the Website or directly through the Company. You acknowledge that any inquiry or solicitation for services is an offer to purchase under these terms. We are not obligated to accept your offer or provide you with access to our Services. A request for Services is not deemed accepted until you enter a Client Agreement with the Company, which includes a specified scope of services and payment terms. 

3. Our Limited License to You

The Website and Services are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content that constitutes the Website and Services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics, information, or other material aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.

If you purchase or access the Website or our Services, you will be considered our Licensee. For the avoidance of doubt, all content and services obtained through us are our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to use our Website and Services, with permission and restrictions. This means that when you purchase a Service from our Website or otherwise, you are purchasing the limited right to use the Services in the form that is provided by us to you with certain conditions as specified in these Terms and Conditions.

You may download and/or print information from our Services for your own personal use.

4. Prohibited Uses of the Website and Services

As a Licensee, you understand and acknowledge that our Website and Services have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use. 

When you purchase our Services or use our Website, you agree that you are clearly and expressly prohibited from using our Website or Services for any of the following activities:

• To copy, share or steal our Website or Service, or any parts of them.

• To in any way use, copy, adapt or represent our Website or Services in any way as if they are yours or created by you.

• To engage in improper and/or unauthorized use of our Website or Services. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Services or any other information accessed or purchased through our Website or Company, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.

• To duplicate, share, trade, sell, or otherwise distribute our Website or Services to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Services for their own personal use or business/commercial use. This means you cannot share or sell any part of our Services to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Services.

• To violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Website or Services for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Website or Services.

• To reprint or republish any part of our Website or Services for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money. 

• To use our Website or Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the rules and guidelines set out in these Terms and Conditions and other governing documents.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or credit card numbers associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

• To use our Website or Services if you are under the age of 18.

• To share information that contains material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• To share information that promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• To infringe on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• To violate the legal rights (including the rights of publicity and privacy) of others or any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.

• To share information that is likely to deceive any person.

• To promote any illegal activity, or advocate, promote, or assist any unlawful act.

• To cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• To impersonate any person or misrepresent your identity or affiliation with any person or organization.

• To give the impression that you emanate from or are endorsed by us or any other person or entity, if this is not the case.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.  

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Website or Services as set forth in these Terms and Conditions is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.

You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

5. Your License to Us

By posting or submitting any material on or through our Website or Services such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website and Services. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. 

You acknowledge that we have the right but not the obligation to use any contributions from you, and that we may elect to cease the use of any such contributions on our Website or in our Services at any time for any reason. 

By participating in Services, and using our Website, you consent to photographs, videos, and/or audio recordings that may be made that may contain your image, your voice and/or your likeness. Please note that these postings and recordings may be shared with other members who purchase and use our Services.  

You may consult our Privacy Policy for an overview of the ways in which we collect and use your information, and how you may withdraw your consent if you decide to do so.

6. Intellectual Property Rights

6.1. Our Intellectual Property

The Website and Services, and their entire contents, design, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Company name, Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided through our Website and Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• If we provide social media features with certain content, you may take such actions as are enabled by such features.

​​If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in the Website or Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

You may establish a hypertext link to our Website or Services so long as the link does not state or imply any sponsorship, endorsement, or ownership with our Website or Services and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Website or Services without our written permission. Any link you create to our website must be done in a way that is fair and legal and does not damage our reputation or take advantage of it. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice.

Any request for written permission to use our Intellectual Property, or any other property belonging to us, should be made BEFORE you wish to use the property by completing the “Contact Us” form on this Website, or by sending an e-mail to info@energybyeric.com. You must obtain our written approval confirming your specific request before you use the requested content or property. 

We very clearly state that you may not use the Website or Services in any way that is contrary to these Terms and Conditions unless we have given you specific written permission to do so. 

If you choose to use the Website or Services in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen the property from us, and you consent to immediately stop using the property and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and Services.

6.2. Digital Millennium Copyright Act

We respect others’ copyright and intellectual property rights. However, if you believe that the Website infringes upon any copyright owned by you and was posted on our Website without your authorization, you may provide us with notice requesting that we remove the information from the Website. Any request should only be submitted by you, or an agent authorized to act on your behalf, to info@energybyeric.com.

7. Liability Disclaimers and Waivers

7.1. Personal Responsibility and Assumption of Risk

You agree that you are using your own judgment in using our Website and Services and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or our Services. Our Website and Services are merely to provide you with education and tools to help you make decisions using your own judgment. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of the Website or our Services and the possible impact those decisions and actions may have on you or any third party. You agree to always use your own judgment and conduct due diligence before implementing any idea, suggestion, or recommendation from the Website or the Company to your life, family, or business, or that of any third party, and you recognize that there may be individual risks and circumstances, both foreseeable and unforeseeable, that could result during or after you use or don’t use information provided by the Website or the Company.

7.2. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

7.3. Educational Purpose

Our Website and Services are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.

7.4. Medical Disclaimer 

This Website and Services are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, through our Services, or otherwise received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. The Company and its agents are not holding themselves out to be medical professionals of any kind. The Company provides holistic coaching services, not healthcare or medical advice. None of the content on the Website, or provided by the Company has been evaluated or verified by the United States Food and Drug Administration. We are not giving medical, psychological, or religious advice whatsoever. You retain all liability for outcomes caused by any decisions you may make in reliance on information provided by the Website or the Company. 

7.5. Legal and Financial Disclaimer

This Website and Services are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Website and Services is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not, and do not hold ourselves out to be, attorneys, accountants or financial advisors. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or Services. You are solely responsible for all decisions you may make in reliance on information received through the Website or the Company, and the effects of those decisions on you or any third party.

7.6. Earnings Disclaimer

You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Website or Services. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or Services and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Website or Services. You agree that your results are strictly your own and we are not liable or responsible in any way for your results or the impact of those results on you or any third party.

7.7. No Guarantees

My role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.

7.8. Testimonials

We present real world experiences, testimonials, and insights about other people’s experiences with the Website and the Company’s services for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to my character and/or the quality of my work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only. 

7.9. Website Warranty and Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

7.10. Website Accessibility Disclaimer

We try to ensure that the availability and delivery of our Website and Services is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website or Services become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or Services inaccessible to you.

7.11. Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or Services. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, Services, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

7.12. Links to Other Websites

We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or Services. These links are provided for your convenience and the inclusion of any link in our Website or Services to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or Services, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies. Conversely, should my Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website either.

7.13. Online Purchases From Us or Third Parties

Certain sections of the Website may allow you to make purchases from us or from other merchants. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Website and Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. 

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Website or Company, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of our Website and Services.

Review our Privacy Policy for more information on how we use and collect your data, and for how you may revoke consent for those activities.

8. Indemnification

You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of our Website or Services, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.

9. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR SERVICES OR INFORMATION PROVIDED BY THE COMPANY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE, WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 

10. Release of Claims

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website or Services, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties. 

11. Termination

You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an e-mail to info@energybyeric.com.

We reserve the right in our sole discretion to refuse or terminate your access to the Website or participation in our Services, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Services affected by such cancellation or termination. The restrictions imposed on you in these Terms and Conditions with respect to the Website and our Services will still apply now and in the future, even after termination by you or us.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who provides information through our Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website or through communication channels made available as a result of using our Website or services, and cannot ensure prompt removal of objectionable material after it has been posted or shared. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility for performance or nonperformance of the activities described in this section.

All of the terms of this Terms and Conditions, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

12. Dispute Resolution and Binding Arbitration

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association in Accordance with the Consumer Arbitration Rules. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

You are required to send an email to us at info@energybyeric.com that includes all of your reasons for dissatisfaction with your Services, and to reasonably pursue opportunities to remedy the situation before initiating arbitration proceedings.

You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

13. Choice of Law

All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

14. Venue

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE Terms and Conditions OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

17. Entire Agreement

These Terms and Conditions, Privacy Policy and Disclaimer constitute the sole and entire agreement between you and ENERGY BY ERIC, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us, you will also be subject to the terms of that agreement or those Terms and Conditions, which shall prevail in the event of a conflict. 

If you have any questions about these Terms and Conditions, please contact us at info@energybyeric.com.

Last Updated: January, 2024