Thank you for visiting a Website (hereafter “Website,” and which includes any mobile application, platform, virtual service, communication, or other online or in-person service connected with, linked from or to, or associated with this Website) owned by Energy Psychology Group, Inc. (“Company”).
CODE OF CONDUCT
You agree not to use the Website Content or any service the Company provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules, or the terms and conditions of this Agreement. This includes but is not limited to the following. You will not post or transmit a message or information under a false identity for the purpose of misleading others or impersonating any entity, including, without limitation, any Company representative; engage in unauthorized use of a credit card; post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or abusive to any person; post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others; attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming, or any other similar programs that may damage the operation of another’s computing device or property; upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise; use any of our tools and services in any manner that could damage, disable, or impair our services or networks; attempt to gain unauthorized access to any user or Customer Accounts, or computer systems or networks, through hacking, password mining, or any other means; use any robot, scraper, or other automated or manual means to access any aspect of our website or equipment for any purpose; harvest or otherwise collect information about others, including names, addresses, or email addresses; modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website, or assist any other person or entity in doing so.
You are responsible for maintaining the confidentiality of your Customer Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use or suspected unauthorized use of your Customer Account or any other breach of security. Company is not liable for any loss or damage arising from your failure to comply with the above requirements regarding your Customer Account.
Nature of Content: The Website Content is educational and informational in nature and is provided only as general information and is not medical or psychological or nutritional advice, opinion, diagnosis, treatment, or guarantee. The Website is not intended to create and does not constitute any professional relationship between Company (or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you, and does not create any doctor-patient or any other professional relationship with any of the Company’s independent contractors, experts, or agents. The Website is not intended to solicit clients or patients, and should not be relied upon as medical, psychological, or other professional advice of any kind or nature whatsoever. Even if those providing information via the Website display professional licensure or other credentials in the healing arts, or cite clinical trials or other medical literature, they are limited to providing information and education, and are not providing any clinical service via the Website. The information provided through the Website should not be used for diagnosing or treating a health problem or disease. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but rather, is merely intended to serve as one resource for general and educational purposes.
Company Is Not a Medical Provider and Does Not Provide Medical Advice: Any and all content stated or posted on the Website or available through any service or product is not intended to be, and must not be taken to be, the practice of medicine, psychology, chiropractic, or the provision of medical, psychological/mental health, or nutritional or chiropractic care or any other professional healthcare. The information provided on this Website is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. If you have or suspect you may have a medical or psychological problem, you should consult your medical doctor or psychologist or appropriate healthcare provider. If you think you have a medical emergency, call 911 immediately. Never disregard or delay medical advice received from your licensed healthcare provider based on information on the Website. Always consult your physician, psychologist, or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication or herbal supplement, routine, or procedure.
If you are in crisis, reach out for help to a crisis help line. A list of crisis help lines and service providers can be found online, or contact any of the organizations listed below: National Suicide Hotline 800-273-TALK (800-273-8255); National Domestic Violence Hotline 800-799-SAFE (800-799-7233); National Child Abuse Hotline 800-4-A-CHILD (800-422-4453). While we provide online services, we do not have a 24-hour hotline for medical emergencies; nor do we handle requests in crisis situations, such as if you are feeling suicidal or in need of immediate assistance due to an emotional crisis. If you are in crisis, contact one of the above organizations or another resource of your choice. If you need help finding mental health services and support in your community, contact an appropriate organization, such as, for example, National Mental Health Association Information Center (nmha.org). Company is only providing informational and educational self-help resources to you.
Testimonials and Endorsements: Consumers generally may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written or recorded video testimonials and endorsements. We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos. Nor do we claim that a significant number of consumers may obtain similar results. Results experienced by any one individual who has written a testimonial or endorsement is not necessarily what any given consumer should expect to experience. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.
No Guarantee or Warranty: We expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Website or through us or through anyone using the Website or trained by us. We are not liable for any unfair business practices by third parties.
We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy, completeness, or adequacy of the Website Content. The Website is provided on an “as is” and “as available” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. If you are dissatisfied or harmed by anything relating to the Website, you may leave the Website and this will be your sole and exclusive remedy. We (and our suppliers) make no warranty that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties regarding the Website, we limit all such warranties to thirty (30) days from the date of first use. Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use.
We do not guarantee that any person’s use of the Website is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Website do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections.
No Legal Claims, Warranties, or Advice: The Website neither offers nor constitutes legal advice or counsel. The Company makes no claims, guarantees, or warranties with respect to rights or obligations any individual may have with respect to federal or state or other laws or regulations. We do not provide any legal representation or certification that any given individual has any given right or obligation under relevant laws. We cannot guarantee that private individuals or governmental entities will agree with any position that any user of this Website may take. There is no guarantee that any third party will accord the user any right or courtesy. Please also see Limitation of Liability, below.
Practitioners: We make no representations or warranties about any individual coach, certified practitioner, consultant, or licensee (“Practitioner”), nor do we have any responsibility over, or supervision of, any outside clinical practice such Practitioner may operate. We do not screen, perform background checks, confirm the qualifications, evaluate, or endorse any particular Practitioner. The inclusion of a list of Practitioners on the Website does not imply recommendation, referral, or endorsement of such Practitioner nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner contained therein; nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same.
We may receive a fee from Practitioners for use of our platform and technology and various other services. However, this does not imply endorsement of a particular Practitioner.
We will not be liable for claims for negligent credentialing or negligent supervision of, or for negligence by, any such Practitioner. Any opinions, advice, or information expressed by any person are those of that person and do not reflect our opinions. We do not recommend or endorse any Practitioner that may be mentioned on the Website. We do not make any treatment decisions.
You understand that it is your responsibility to check the certification and/or licensing of any healthcare practitioner involved in your care. Our role is strictly limited to providing access to information for your consideration. You assume all risk of pursuing any course of action following receipt of information by any party. While we make efforts to verify that Practitioners have the background they claim they have, we cannot warrant or guarantee their accuracy. We are not liable for any loss or damages caused by your reliance on any Website Content including Practitioner profiles. If you have a complaint against a practitioner certified by us, you can report it to our Ethics Committee using this procedure.
LIMITATION OF LIABILITY
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you from us through the Website or through any other website or source; provided that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred. You understand and agree that your use of the Website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Website.
ASSUMPTION OF RISKS; INDEMNIFICATION
You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website and Website Content, or relating to any activity, information, or service, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability, or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Website or Website Content or use therein.
You recognize and confirm that in the event you incur any damages, losses, or injuries that arise out of Company’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other owned or controlled by Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition, or exploitation of any Company website, property, product, program, other content, or any and all activities or actions related thereto. By accessing this Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In accordance with such waiver, if you are a California resident, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Copyright: Except as otherwise expressly stated, all Website Content is the copyrighted work of the Company or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Website Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.
If you believe that any Website Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at Support@EFTuniverse.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Specifically, you will be asked to provide the Company’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S. Code § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) 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. We have a policy of terminating the Customer Accounts of Customers who (in our reasonable discretion) are violators of infringement. Please note that, pursuant to 17 U.S. Code § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Trademarks and Service Marks: Certain trademarks on the Website are the service marks and trademarks of the Company, the Practitioners, or other licensees that appear on the Website. The domain name for this Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Company or the independent Practitioners or other licensees.
RESEARCH INFORMED CONSENT
By remaining on this Website, attending a workshop or event, and/or subscribing to the Website owner’s email list, you acknowledge that you have received, read, and understand the information provided to you here. This includes your informed consent that the data collected under these terms and conditions may be used anonymously for research purposes. Anonymization means that any information personal to users will be removed before data analysis, and that users cannot be identified through the data. Research studies are designed to gain scientific knowledge that may help other people in the future, but no promises are being made to any user as to the results of such research, nor is there any guarantee that any user symptoms will be improved by such research, nor any guarantee that any user may receive any benefit from such research. You understand that remaining on this site, attending a workshop or event, and/or subscribing to the Website owner’s email list, constitutes consent to these terms and conditions.
VIRTUAL WORKSHOP POLICIES
Company conducts virtual workshops and events, in which you can enroll or choose to participate. You participate in these workshops virtually and remotely from a location of your choosing. By enrolling for a virtual workshop, or participating in a virtual event, you agree to the following policies:
Privacy and Confidentiality: Virtual workshops are meant for workshop registrants only. Please do not forward the Zoom or teleconferencing link for a virtual workshop or share it with anyone who has not registered for an event. This includes sharing your screen with another person who has not registered for the event. Please respect your fellow registrants’ privacy. By attending a virtual workshop or event, you agree not to record, take screenshots, or post anything that occurs in the virtual workshop online. Despite this requirement, Company has no control of recordings that might be made by third-party participants, and is not liable for any alleged or actual damages that might result from same. You are encouraged to use your discretion regarding personal disclosures you make to other participants at virtual workshops or events.
Technical Requirements: It is acknowledged and agreed that the technical transmission of the virtual workshop or event content, including any content that may be provided by you or other participants, may involve transmission over various third-party video conferencing and webinar delivery services and devices and may need to be changed to conform and adapt to the technical requirements of those delivery services or devices.
It is your responsibility to ensure that your computer or other device meets the requirements for a stable connection to such third-party video conferencing and webinar delivery services or devices as Company designates for the virtual workshop or event. This includes, but is not limited to appropriate hardware, software, network connection, and bandwidth. No refunds are issued for technical issues arising at your end of the connection or for technical failures beyond Company’s control, such as outages that affect Internet hubs.
Confidentiality: You agree to keep confidential any personal statements made by fellow participants, as well as materials relating to or which may be shared during the virtual workshop or event by Company or by its speakers or experts. This includes, but not by way of limitation, case histories, concepts, materials, or information supplied by third parties that you may be given access to or that may be shared or discussed during the virtual workshop or event. You agree not to release such information or materials either during or after the completion of the virtual workshop or event without the prior written approval of the Company.
Any information and/or material/s you may provide or disclose to Company or to other third parties during the virtual workshop or event will be considered as being released at your discretion and therefore with your consent. You will not hold Company liable for the actions of any third parties regarding such released information and/or material/s. Any workbooks, viewing materials, or links, etc. that may be supplied or information shared will be for your educational and informational purposes only in relation to the virtual workshop or event you are attending. Recording of the virtual workshop or event sessions, whether in whole or in part, in any form, is not permitted.
Note that the Release of Liability and the Video/Photo Release are required in order to attend the workshop.
Release of Liability: The term “EFTU” in this section to include EFTUniverse.com, Energy Psychology Press/Elite Books, (and all employees, trainers, emotional helpers, work scholars, contractors, subsidiaries and agents of same).
I understand that the ideas, procedures and suggestions provided by EFTU are not intended as a substitute for consultation with my professional health care provider. I further understand that the information provided by EFTU is not to be used to diagnose/treat any particular disease on any particular person, including me.
I declare that EFTU is not liable or responsible for any loss or damage to me in any matter whatsoever, and irrevocably release EFTU from any and all claims of loss or injury sustained by me, however arising, present and future, known, and unknown at this time. I hereby forever release, discharge, acquit and forgive EFTU from any and all claims, actions, suits, demands, agreements, and each of them, if more than one, liabilities, judgments, and proceedings both at law and in equity arising from the beginning of time and in the future. If I institute any legal proceedings against EFT subsequent to this release, I agree that these legal proceedings or complaints will be dismissed at my cost with prejudice against me. This release is binding on me, my successors, assigns, agents, and representatives.
Video/Photo Release: I do hereby certify that I am over the age of 18 years.
I hereby give EFTU my permission to publish any photos or video footage of me taken of me during this EFT Workshop or Event and do hereby release EFTU from any claims whatsoever which may arise from the publication of these photographs.
No Statement as to Accuracy: The Company has no editorial control or responsibility over the content included in the Website provided by third-party content providers. Therefore, any opinions, statements, products, services or other information expressed or made available by third-party suppliers or Customers on this Website are those of such third-party suppliers or Customers, respectively. The Company does not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any third party.
CAN-SPAM ACT Compliance: We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us that you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at Support@EFTuniverse.com. You can click to unsubscribe or opt-out of email communications from Company at any time or reply by typing “unsubscribe” in emails you receive from us. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service. If you opt-out or unsubscribe from all email from the Company while remaining a registered user or Customer, you will become ineligible for receipt of and use of our services.
Export: You agree that our services are subject to U.S. export controls and agree that you will comply with the same, and represent that you are neither located in a sanctioned country nor a prohibited person. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
General: The performance of Company hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Company. Company’s waiver of any right shall not constitute a waiver of that or any other right in the future.
Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement: Disclaimer, Limitation of Liability, Assumption of Risks, Indemnification, Intellectual Property, Third-Party Content, and Miscellaneous Terms.
Energy Psychology Group, Inc.
PO Box 222
Petaluma, CA 94953-0222
Telephone: (707) 525-9292
Effective Date: 8/1/2021