Energy Never Stops LLC

Terms and Conditions of On-Demand 

and Livestream Virtual Workouts

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These Terms and Conditions of On-Demand and Livestream Virtual Workouts (“Terms and Conditions”), are made in connection with Energy Never Stops LLC., a Wisconsin Domestic Limited Liability Company ENS LLC website, www.energyneverstopsllc.com. The Site contains pre-recorded videos of workouts, as well as access to live-stream workouts. By accessing and using the Site you agree to abide by the most recent version of these Terms and Conditions, which constitute an agreement between ENS LLC and you. If you do not agree to these Terms and Conditions you must not access or use the Site. 

1. Your Access and Use of Site. All materials contained in the Site are protected by U.S. trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from the Site for your own use. You are prohibited from reproducing, duplicating, distributing (including by email or other electronic means), publishing, modifying, copying or transmitting material from the Site. You agree to comply with all applicable federal, state and local laws and regulations in connection with your access and use of the Site. You acknowledge and agree that you will not at any time post or make available on the Site any material or content that ENS LLC believes in its sole discretion is inappropriate in any way, and that ENS LLC has the right but not the obligation to take appropriate action related thereto, including but not limited to legal action. 

2. Third Party Links. You acknowledge and agree that ENS LLC is not responsible for the content or availability of outside websites or resources linked to or referenced on the Site. ENS LLC does not endorse and is not responsible for any claims that arise from your access or use of any content, advertising, products, or other materials on or available on the Site.

3. Disclaimer of Warranties. To the extent permitted by state law, you acknowledge and agree that the materials on the Site are provided “as is” and to the extent permitted by law, are provided without warranties of any kind or nature, express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purposes, and title and non-infringement. ENS LLC makes no warranty that (i) access or use of the Site will be uninterrupted, timely, secure, error-free, or free from malware or other harmful components or (ii) the quality of any content, services, information or other material obtained by you through accessing or using the Site. 

4. Limitation of Liability. You acknowledge and agree that ENS LLC, and its employees, shareholders, officers, directors and agents are not are not liable for, in connection with the Site, (i) any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defect, viruses, communication line failure, and (ii) for the theft, destruction, damage or unauthorized access to your computer system or network. You acknowledge and agree that ENS LLC is not liable for any defamatory, offensive or illegal conduct or material on the Site transmitted by someone other than Energy or a ENS LLC employee. You acknowledge and agree that ENS LLC is not liable for any incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to access or use the Site.

 IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE LAST SIX MONTHS TO ACCESS AND USE THE SITE, AND (B) $100.

5. Indemnification. You agree to defend, indemnify and hold ENS LLC and its officers, directors, shareholders, employees and agents harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your breach of the Terms and Conditions, any third party claims in connection with your access or use of the Site, or your violation of any federal, state, or local law in connection with your access or use of the Site.

6. Termination. ENS LLC may terminate your access to and use of the Site at any time if ENS LLC determines in its sole discretion that you have violated the Terms and Conditions or have engaged in conduct that is inappropriate in any way. 

7.  Amendment. ENS LLC may amend the Terms and Conditions at any time without notifying you.

8. Severability. If any provision in the Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from the Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. 

9. Governing Law. The Terms and Conditions are governed by, and construed in accordance with, the laws of the state of Wisconsin without giving effect to any principles of conflicts of laws. 

10. CANCELLATION AND REFUNDS. 

You are permitted to cancel your use and access to the Site until midnight of the 3rd operating day after the date on which you entered into these Terms and Conditions, in which event the Terms and Conditions will no longer be applicable to you and your access and use of the Site will terminate. If the facilities or services that are described in the contract are not available at the time you sign the contract, you have until midnight of the 3rd operating day after the day on which you received notice of their availability, to cancel your use and access to the Site. If within this time period you decide you want to cancel, you may do so by notifying ENS LLC in writing, either mailed or delivered to Ernest Spurlock at P.O. BOX 46335 MADISON, WI 53744 or by email at Energyneverstopsllc@gmail.com, within the previously described time period. If you do so cancel, any payments made by you, less the value of services already provided to you, will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by ENS LLC and arrangements will be made to relieve you of any further obligation to pay the same.

11. Site Unavailability. If the Site becomes unavailable or is no longer fully operational during the term of your access and use of the Site, you may request a refund for an amount proportional to the period of unavailability, subject to Wis. Stat. 100.177(11).

12. Death or Disability. If you die or become disabled, you are liable to Energy for only the portion of the total amount paid to ENS LLC in proportion to the elapsed time period up to your death or disability.

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