Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Enerjoy Wellness ("we," "us" or "our"), concerning your access to and use of the Enerjoy Wellness application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service").

You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Service and you must discontinue use immediately.

Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.

The Content and the Marks are provided on the Service "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

User Representations

By using the Service, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete.
  • You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • You have the legal capacity and you agree to comply with these Terms of Service.
  • You are not a minor in the jurisdiction in which you reside.
  • You will not access the Service through automated or non-human means.
  • You will not use the Service for any illegal or unauthorized purpose.
  • Your use of the Service will not violate any applicable law or regulation.

Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

  • Systematically retrieve data or other content from the Service to create or compile a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means.
  • Use the Service to advertise or offer to sell goods and services.
  • Circumvent, disable, or otherwise interfere with security-related features of the Service.
  • Engage in unauthorized framing of or linking to the Service.
  • Trick, defraud, or mislead us and other users.
  • Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Service.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.

User Generated Content

The Service may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service.

By posting content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service. You retain any and all of your rights to any content you submit, post or display on or through the Service and you are responsible for protecting those rights.

License

Enerjoy Wellness grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Service strictly in accordance with these Terms of Service.

These Terms of Service shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

Termination

These Terms of Service shall remain in full force and effect while you use the Service. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Mexico, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Contact Us

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: