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MoreEnergy Health

Website Terms and Conditions

You agree to these Website Terms and Conditions when You access this website and any other of our social media sites.

The Website is owned and operated by Complete Wellness Programs LLC, a Utah limited liability company, d/b/a MoreEnergy Health (“Company” “MoreEnergy Health” “us” or “we” or “our”).  “You” are the individual accessing the Website and Social Sites and if hiring us for MoreEnergy Services then “you” has additional meaning as defined below under the section identified as “MoreEnergy Services Terms.”  You “Consent” to the MoreEnergy Services Terms, the Disclaimer, and the Privacy Policy (collectively the “Website Terms”), by one or any of the following actions:

  • Use of the Company’s “Website” located at: https://www.MoreEnergyhealth.com/
  • Use of the Company’s other online platforms and social sites not limited to Etsy, Pinterest, Facebook, Instagram, LinkedIn, Twitter, YouTube, and others (collectively the “Social Sites”)
  • Engaging with us for MoreEnergy Services (see below), both complimentary and paid

CONSENT: You expressly represent and warrant that even just browsing our Website or one of our Social Sites is considered “use” of any of them.  You intend to be legally bound by your Consent and if you do not agree with the Website Terms, then you should discontinue use.  

MOREENERGY HEALTH SERVICES TERMS

The following terms and conditions apply specifically for MoreEnergy Services.  Do not hire us until you have read the following. Ask questions because it’s critical that you understand your obligations and our obligations.

MoreEnergy Health has trademarked its process of evaluation and engagement with its health and MoreEnergy services to a broad range of individuals, student athletes and businesses by (1) assisting individuals with strategies for healthier living through prescribed nutrition, fitness, sleep, and stress management programs and (2) working with athletes to enhance their performance through proper nutrition (the “Services”). MoreEnergy Services include an extensive evaluation and strategic planning for an individual’s health and MoreEnergy that includes (i) InBody scanning, (ii) resting metabolic rate, (iii) VO2 max testing, (iv) DNA testing, and (v) facilitating blood labs (“MoreEnergy Services”).  

The Website Terms (including this section identified as the “MoreEnergy Services Terms”) are mutually integrated with a MoreEnergy Services Agreement (the “Agreement”)(collectively the “Services Terms”).  When you engage us for MoreEnergy Services or through one of our “Providers” then “you” are considered a “Client” and you will be referred to as either “Client” “participant,” “you,” or “your.”  A “Provider” is defined as a third party who brings their clients to us for MoreEnergy Services.  You and the Company may be referred to individually as a “party” or collectively as the “parties.”  

Ordering Services.  MoreEnergy Health has no obligation to provide any MoreEnergy Services until you engage us for MoreEnergy Services (“Order”) by paying the Fees (if applicable) due with your Order and signing the Agreement.  

MoreEnergy Services.  MoreEnergy Health is or remains open to conducting similar tasks or activities for individuals other than you and holds itself out to the public to be a separate business entity.  By engaging us, you desire to hire us to provide certain MoreEnergy Services and we are willing to provide such MoreEnergy Services for you under the terms and conditions set forth in the Services Terms.

Consent Includes Services Terms.  By ordering MoreEnergy Services, you Consent as defined above to the Website Terms and specifically for MoreEnergy Services.  Your Consent is effective when you engage with MoreEnergy Health or sign the Agreement, whatever happens first. You intend to be legally bound by your “Consent.” You are aware that we will rely on your Consent, and you waive any defenses to the enforcement of the Services Terms based on the form of Consent. If you do not agree with the Services Terms, then do not hire us for MoreEnergy Services.  

MoreEnergy Services Options.  We reserve the right to choose which options are available with the MoreEnergy Services.  We will provide you with a current list of MoreEnergy Services (“options”) either by email, hand delivery, or another method. There may be options for MoreEnergy Services over a certain period of time including, monthly, quarterly, and yearly with monthly payment options (“Renewal Period”). 

Payment for MoreEnergy Services.  MoreEnergy Health accepts payments for MoreEnergy Services and other Fees as described below in the “Disclaimer” section.

  • Renewal Period Options.  All options with a Renewal Period (“Renewal Packages”) will automatically revert to a month-to-month term once the Renewal Period ends.  If Client does not want to continue on a monthly renewal then Client agrees to submit a notice to cancel at least thirty (30) days in advance prior to the next month.
  • Renewal Period Fees.  Renewal Period Options are paid monthly.  You are responsible for payment of the Fees even if you fail to attend any scheduled session or meeting with us. 

Fees. You clearly understand that all fees paid to Company are for MoreEnergy Services rendered with no guarantee of results (“Fees”).  Company is entitled to the Fees stated on the Order and to all other Fees as identified in the Services Terms.  The Fees are fully earned by the Company and belong to the Company at the time of payment.  You clearly understand that all Fees paid to the Company is for services rendered.

Modifications to the Options and Services.  The Fees for options and Services are subject to change without notice.  The Company reserves the right at any time to modify or discontinue the Options or MoreEnergy Services without any notice at any time.  

Term and Termination.  The “Term” of the Agreement commences on the Effective Date and continues until either party gives the other party written notice to cancel all MoreEnergy Services you Order (Termination”). Either party may terminate for any reason. The parties acknowledge that once Termination has occurred, the parties will need to sign a new Agreement for MoreEnergy Services if you want to engage with the Company again for MoreEnergy Services.   

Withdraw from MoreEnergy Services. Termination will not automatically occur if you withdraw from the MoreEnergy Services you are actively signed up for (“withdraw”).  Thus, you can withdraw and later sign up for other MoreEnergy Services without Termination of the Services Terms.  To withdraw, you agree to give the Company twenty-four (24) hours’ notice of such withdraw.  Written notice should be emailed to: hello@MoreEnergy Healthhealth.com.

For Cause Withdraw or Termination: Company, at its discretion, may withdraw a Client or “Terminate” the MoreEnergy Services at any time without notice if Client:

  • Fails to pay its Fees. 
  • Commits a breach of its obligations under the Services Terms. 

Automatic Termination.  Termination will automatically occur if Company has not provided Services to Client under the Services Terms for a period of one year since the last time Client participated with MoreEnergy Services.

Effect of Termination.  Termination removes Client’s login access to the Client’s Access Portal, terminates Client’s access to the Facility, and Client’s status will change from active to inactive by the Company. Client acknowledges that Client will not be entitled to any reimbursement, refund, or return of any amounts paid or owed to the Company because of Termination of the Services Terms.  Upon Termination of the Services Terms, the Company may declare all or any of the future payments to be made under the Services Terms for Renewal Packages immediately due and payable.

Client Warrants and Represents.

  • Voluntary Participation. Client understands and confirms that participation with the Services is voluntary and that you can start, continue, or stop your participation at any time. Client warrants that you are in overall good health and that no bodily or mental condition would create an unreasonable risk of harm to yourself or others with participation with the Services.  
  • Client Responsibilities.  The Client acknowledges that the Company’s ability to provide the Services is dependent upon the full and timely co-operation of the Client with the following:
      1. Arrive on time to appointments;
      2. Ask questions if there’s any confusion about the information provided;
      3. Complete our questionnaires and sign our documents as requested; and
      4. Be aware that Services end on time and will not go over time.

No Agency.  Client acknowledges and agrees that neither any manufacturer, any supplier, nor any salesman, representative or other agent of the manufacturer or supplier, of any equipment used with the Services or any Provider is an agent of Company (“Third-Party”). No Third-Party is authorized to waive or alter any term or condition of this Agreement.  

Confidentiality. The parties understand and agree that in the performance of the Services Terms each party may have access to private or confidential information of the other party which either is marked as “confidential,” or the other party should reasonably know under the circumstances that such information is confidential and proprietary information of the other party. 

  • Confidential Information. This private or confidential information includes, but is not limited to Client requirements, Client lists, financial information, marketing information, and information concerning employees, products, services, prices, sources, operations, operations, subsidiaries, and other protected and private information (“Confidential Information”). Neither party will divulge such Confidential Information without the express written consent of the other party. 
  • Public Information is not Confidential. Confidential Information does not include information that is: (1) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (2) discovered or created by the Receiving Party before disclosure by Disclosing Party; (3) learned by the Receiving Party through legitimate means other than from the Disclosing Party or it’s representatives; or (4) is disclosed by Receiving Party with Disclosing Party’s prior written approval. If a party discovers that any Confidential Information has been used, disseminated, or accessed in violation of the Services Terms, that party will immediately notify the other party; take all commercially reasonable actions available to minimize the impact of the use, dissemination, or publication; and take all necessary steps to prevent any further breach of the Services Terms.

Publicity Release. In consideration of Company’s agreement for you to engage the Company’s MoreEnergy Services, you grant Company, its members, owners, subsidiaries, affiliates, licensors, Providers, content providers, employees, agents, officers, directors, contractors, successors, representatives, and assigns (collectively the “Affiliates”) full permission to use photographs or video footage taken or contracted by Company, in any advertising, marketing, or for other business practices as described below (“Publicity Release”). 

  • Grant of Rights. The right to a worldwide, non-exclusive, royalty-free, fully paid up license to reproduce, display, exhibit, publish, broadcast, distribute, and otherwise use, and permit others to use, Client’s image, likeness, name, photograph, and any and all attributes of Client’s appearance, testimonial, voice (collectively, Client’s “Identity”) in materials created in connection with the Company’s online or print marketing materials (collectively, the “Materials”), alone or with other materials, in any and all manner and media now known or later devised, including without limitation on websites owned by or affiliated with the Company, on third-party websites, in social media channels, and in public relations materials. 
  • No Payment to Client.  Company will not be required to pay Client for use of the Materials. 
  • No Approval Needed.  No further approval is required for the Company to use any Materials or Client’s Identity and that the Company will not be liable for any distortion or illusionary effect resulting from the exhibition, publication or broadcast of the Materials or Client’s Identity. Client acknowledges that all right, title, and interest in and to the Materials, including without limitation all copyrights and trademark rights, will be the sole and exclusive property of the Company and that the Company has the unlimited right throughout the universe to edit, modify, and otherwise use such Materials.
  • Release.  You, on behalf of yourself and your heirs, executors, administrators and assigns, irrevocably waive all claims against the Company for the use of the Materials or your Identity.
  • Withdraw Consent.  If you wish to withdraw your consent under this Publicity Release, then Client agrees to submit such request to the Company in writing.  Company will immediately cease the use of any Materials and will remove any Materials that are located anywhere it is practicable or feasible to be removed.

TERMS AND CONDITIONS – DISCLAIMER 

INFORMATION ABOUT HEALTH AND FITNESS IS NOT MEDICAL OR THERAPEUTIC ADVICE

Disclaimer.  MoreEnergy Health is NOT a “Licensed Professional,” and is NOT providing medical advice as a licensed medical provider, nutritionist, therapist, attorney, or any other type of licensed professional, or legal advice. The information provided on the Website and Social Sites (collectively the “Sites”) and both verbal and written content included with any of the information or Services is intended as general information about health and fitness and is offered purely for informational purposes (collectively “Information”). All Information is provided without warranty, express or implied, including as to any mental, physical, and emotional effect and completeness and not intended to diagnose or treat medical or mental illness or replace healthcare services by a qualified professional who is a licensed medical or therapeutic professional. Your use of any Information is at your own risk, and you should not act upon this information without seeking the advice of an appropriate licensed professional such as a doctor or therapist. MoreEnergy Health and any of its Affiliates, even licensed professionals who participated in providing the Information, expressly disclaim any warranty: they are NOT creating or entering into any agreement for medical or therapeutic advice.

Assumption of Risk with Use and Participation. The use (defined above) of the Sites, all purchases of Products (including placing an Order for Services as defined below), and participation with the Services are at your own risk. The Sites and any Information or Products purchased is provided on an “as is” and “as available” basis. You assume all risks, known and unknown, in any way connected to use of the Sites, Products and participation with any Services.  

  • No Warranty. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement as applicable to information located on the Sites.  We make no warranty that (1) the Sites will meet your requirements, (2) the Sites, and any information or service provided by the Sites, will be uninterrupted, timely, secure, or error-free, (3) the results of using the Sites, and any information or service provided by the Sites, will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained through your use of the Sites will meet your expectations, or (5) that any errors in any software utilized by the Sites will be corrected.  No advice or information, whether oral or written, obtained by you from or through the Company will create a warranty not expressly stated in these Website Terms.  
  • Your Responsibility.  Company will not be responsible for injury to any person who sustains an injury because of your participation.  You knowingly and voluntarily assume all risks of injury, harm, liability, loss, damage, or death in any way connected with participation with the Sites, Products, and MoreEnergy Services.  You assume full responsibility for your actions that may cause harm to you, the Coach, Affiliates or other third parties.  In addition, if at any time, you believe that present conditions are unsafe or that you are unable to participate due to physical or medical conditions, then you will immediately discontinue your participation.

Changes to Website Terms. The Website Terms may be modified at any time by us upon posting of the modified Website Terms. Any such modifications will be effective immediately. You can view the most recent version of the Website Terms at any time located here:  https://MoreEnergy health.com/terms-and-conditions/.  Each use by you will constitute and be deemed your unconditional acceptance of the Website Terms.

Termination of Use. The Company may terminate your use and access to the Sites immediately without notice, in our sole discretion, if you fail to comply with any of the Website Terms.

Account Security. We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, to users. You are responsible for:

  • Making all arrangements necessary for you to have access to the Sites.
  • Ensuring that all persons who access the Sites through your internet connection are aware of these Website Terms and comply with them.

Registration Information.  To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with any of the Sites or otherwise, including but not limited to using any interactive features on the Sites, is governed by our Privacy Policy (see below), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Website Terms.

Unauthorized Access.  If you choose, or if you are provided with any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.

Privacy of Information. You authorize MoreEnergy Health to use your personal information such as email address, telephone number (“Personal Information”) and Payment Information (collectively “Privacy Information”) to:

  • provide and improve our Services;
  • solicit your feedback; and
  • inform you about our Services.

You understand that we engage Affiliates to perform functions on our behalf. These Affiliates will have access to the Privacy Information only as necessary to perform their functions and to the extent permitted by law. To the extent permitted by law, we may also disclose the Privacy Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Privacy Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you. We take commercially reasonable steps to protect the Privacy Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You understand that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the Affiliates with which we may share such Privacy Information, nor can we guarantee that the Privacy Information you supply will not be intercepted while being transmitted over the Internet. Email sent to us may not be secure, and you should take special care in deciding what information you send to us via email.  

FitMe Adventures. We associate with FitMe Adventures LLC and we both post on our Website and the social media sites for us and FitMe Adventures LLC like Facebook, LinkedIn, Twitter, Instagram, etc. (“Social Media Sites”). Your Consent to the Website Terms applies to both MoreEnergy Health and FitMe Adventures LLC.  The Website Terms are also mutually integrated with an Adventure Trip Agreement with FitMe Adventures LLC.

Electronic Communications.  You communicate with us electronically when you use the Website, the Social Media Sites to send messages or post, send e-mails to us, submit payment, use our equipment, submit or publish information through the Sites or through one of our Affiliate’s applications, opt-in to use or participate in a text messaging program or scheduling application, use a mobile phone to call us, or participate on video calls (collectively “Electronic Communications”). All such Electronic Communication data will be kept confidential. The data from your use of our equipment may include information about your interactions with the equipment, including performance data, preferences, and usage patterns.  You consent to receive communications from us electronically. By communicating with us electronically, you agree to these Website Terms.  We will communicate with you by e-mail, by telephone or by text or chat messaging (“Notifications”). You agree that all agreements, Notifications, disclosures, and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing. 

Consent To Recordings.  In compliance with the Company’s Privacy Policy, to allow Client to access the Facility and use our equipment, the Company collects and stores certain Client data to detect and troubleshoot problems, to protect against misuses of the Company’s Facility and equipment, and to protect the Company against fraud, crime, or other illegal activity. Such Client data includes the Electronic Communications and photos and videos captured by the Company’s security cameras located at the Facility (“Client Data”). Client consents to all such storage of Client Data.

Goods and Services. Goods and Services (collectively “Products”) offered on the Sites may include MoreEnergy Services, access to the library of online video courses, Q & A calls, or other tangible goods, services, or experiences.  The Company has full discretion over which Products are offered on the Sites. Additionally, we can, in our full discretion, determine whether you are eligible to purchase any Products. 

Delivery of Goods or Services. Company will facilitate the delivery of any Products that are to be delivered by electronic means. Company will utilize your provided email addresses to provide Products through electronic mail. Products that require physical shipping will be shipped by a third-party company. We have no ability to control when Products are shipped or in what state Products will be received. 

Fees.  If you purchase any Products including MoreEnergy Services from the Company, then you will be charged according to the items purchased, in addition to applicable sales tax and shipping costs. 

Payment of Fees. The Fees charged are fully earned by the Company and the funds that you pay belong to the Company. To submit payment, you are required to provide payment information such as your credit card and bank account, an email address, name, and mailing address (“Payment Card”). For hourly packages then Client will submit payment on or before the reserved Session.  For any packages with a Renewal Period, then as a condition of such package Client authorizes Company to charge the Payment Card for the package on or before the day of each month that is the same day as the Effective Day for the Services Terms or the same day that you submitted an Order and Company is authorized to automatically charge the Payment Card for applicable other Fees described in the Services Terms (“Autopay”). You agree to pay the Fees as requested by the Company and you agree to the following for such payments of Fees:

  • Autopay Authorization. For a Renewal Package and for applicable other Fees, you authorize the “Autopay” of Fees to the Payment Card on file and agree that no “prior notification” for the charges is required. You understand that this authorization to charge the Payment Card on file for such Fees will remain in effect until the Services Terms are terminated or until you terminate this authorization for Autopay by notifying Company in writing.
  • Authorized User.  You acknowledge that the origination of payment transactions to the Payment Card on file must comply with the provisions of U.S. law. You certify that you are an authorized user of the Payment Card used to pay the Fees and will not dispute these payment transactions with the bank or credit card Company, so long as the transactions correspond to the Fees you Order.
  • Third-Party Payment Vendor. You understand and agree that the information for the Payment Card is collected and processed by a “Third-party Payment Vendor” pursuant to the terms and conditions of the Third-party Payment Vendor’s privacy policies and terms of use.  You agree that the Third-party Payment Vendor, and not the Company, is solely responsible for your Payment Card, and the Company will not be liable for any damages, claims or liabilities arising from the Payment Card.
  • If Payment Fails.  In the case of a declined charge or returned for insufficient funds (“Failed Payment”), you understand that the Company will notify you of the Failed Payment.  You acknowledge that additional attempts will be made to process the payment.  However, if the additional attempts continue to result in a Failed Payment, then you will have five (5) days from the Company’s notice of the Failed Payment to pay the amount due or the Company may refuse to provide the Products ordered at its discretion. For each Failed Payment, an additional twenty-dollar ($20) charge will be initiated as a separate transaction from the authorized payment.
  • Collection Costs. You agree to be bound by the Uniform Consumer Credit Code for the state of Utah. If your account is referred to collection, you agree to pay any collection costs incurred including reasonable attorney’s fees, filing fees and court fees. Fees that are thirty (30) days past due may be subject to a late fee of up to 1.5%.

Fees Related to the Payment Card.  You are solely responsible for all fees charged to the Payment Card by the issuer, bank or financial institution including, but not limited to, Simulator Services, overdraft, insufficient funds, over the credit limit fees and the Other Fees describe above.

Refund Policy.  For MoreEnergy Services, the Company has a “No Refund Policy.” A full refund for other Products purchased will be allowed if the Company approves a refund request within 30 days of purchase.  A refund request must be received by emailing: hello@MoreEnergy Healthhealth.com. No refund request will be granted if the request is more than 30 days after the purchase date.  If you have any questions, please contact us before making a purchase.

No Guarantees. Client acknowledges that the Company has made no promises or representations to Client, nor given Client any assurances as to the favorable or successful outcome of Client’s participation with the Services.  All of Company’s opinions relative to the Services are limited only to opinions based upon Company’s experience and judgment. Client acknowledges that such expressions should not be considered as representations, promises, or any guarantee of results.

Intellectual Property Ownership. You acknowledge and agree that the Products provided by the Sites and any necessary software used in connection with any Products (“Software“) contain proprietary and confidential information that is the property of the Company and its licensors (including FitMe Adventures LLC) and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you on the Sites, other online platforms, by Electronic Communications or advertisers (“Content”) is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. No rights or title of, to any of the Software used in connection with any Product is provided, transferred, or assigned to you.  

Company Material.  The following, but not limited to, all handouts, wellness programs, and wellness programs for healthy eating (“Material”) provided by the Company is copyrighted Material owned by the Company and is protected by United States copyright law, trade secret, other intellectual property laws and by international treaties. You agree that the Company owns and holds title to the Material and all subsequent copies regardless of the form or media, and that all title, ownership rights, and intellectual property rights with the Material remains with the Company. You may not copy or otherwise reproduce any part of the Material without permission in writing from the Company. 

MoreEnergy Health Trademarks. You acknowledge our exclusive rights in our trademark and service mark’s for MoreEnergy Health. Trademarks, service marks, logos, and copyrighted works appearing on the Content are the property of the Company.  We retain all rights with respect to any of our respective intellectual property appearing on the Content, and no rights in such materials are transferred or assigned to you.

FitME Adventures Trademarks. You acknowledge that FitMe Adventures LLC has exclusive rights in their trademark and service mark’s. Trademarks, service marks, logos, and copyrighted works appearing on the Content are the property of FitME Adventures LLC and they retain all rights with respect to any of their respective intellectual property appearing on the Content, and no rights in such materials are transferred or assigned to you.

Permission.  Except as expressly authorized by us or advertisers, which authorization will not be unreasonably withheld, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Products or Software, in whole or in part.

Intended Audience. The Sites are intended for adults only and not intended for any children under the age of 13.

Third Party Content. The Sites may include content provided by third parties such as the Affiliates as defined above and others. All statements and/or opinions expressed in content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.

Prohibited Uses. You may use the Sites only for lawful purposes and in accordance with these Website Terms. You agree not to use the Sites: 

  • In any way that violates any applicable federal, state, local or international law or regulation; 
  • For 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 which does not comply with the Website Terms;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; 
  • To impersonate or attempt to impersonate the Company, including our employees or representatives, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing; or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm us or users of the Sites or expose them to liability.

Restricted Use of the Sites.  Additionally, you agree not to: 

  • Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites; 
  • Use any data-mining, scraping, crawling, using any robot, other automatic device, script, technology or processes that send automated queries to the Sites or using other similar methods and tools to gather or extract data, material or other information from the Sites, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion (unless you create a script to download your personal transactions), process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; 
  • Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent; 
  • Use any device, software or routine that interferes with the proper working of the Sites;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; 
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites;
  • Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; or 
  • Otherwise attempt to interfere with the proper working of the Sites.

Compliance with Laws. You must abide by all Federal, State, and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.

International Use. Although the Sites may be accessible worldwide, the Company makes no representation that materials and/or Software on the Sites are appropriate or available for use in locations outside of the United States. Accessing the Sites and/or Software from territories where such content is illegal is prohibited. Users who choose to access the Sites and/or Software from other locations do so on their own initiative and are responsible for compliance with local laws.

Non-Disparagement. The parties will refrain from interfering with the other’s business (if applicable) by making any false, negative, critical, or disparaging statements, implied or expressed, concerning the other in any manner likely to be harmful to them or their business, business reputation or personal reputation including, but not limited to, social media platforms, verbal communications, and print media. 

Indemnification. You agree to indemnify, defend, protect and hold the Company and Affiliates (the “Indemnified Parties”) free and harmless from and against all resulting loss, liabilities (including, but not limited to, negligence, tort, breaches of statutory duties, and strict liability), damages, judgments, suits, and all legal proceedings, and any and all costs and expenses (including attorneys’ fees) arising out of or in any manner related to the Services provided by Company, Products, your participation with the Services, use of the Company’s Sites, any breach or unauthorized use of the Website Terms by you, any electronic devices used to contact the Company and other incorporated documents, including, without limitation,(a) claims for injury to or death of persons and for damage to property. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or Services accessed from the Sites or from your participation with MoreEnergy Health.  You agree to give Company prompt notice of any such claim or liability. 

Release of Liability. Your use of the Sites, purchase of Products and any other participation with MoreEnergy Services (collectively your “participation”) constitutes acceptance of this release of liability.  You agree to release and hold harmless the Company and Affiliates from any and all liability, present and future, known or unknown that is associated with your participation (“Release of Liability”) from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to your participation.  This extends to and includes all claims, liabilities, injuries, damages, and causes of action that you or the Company do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.  You represent and warrant that you have considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue, or be discovered in the future, and you voluntarily assume that risk as part of your participation.  You agree that this Release of Liability will bind the members of your family and spouse, if you are alive, and your heirs, assigns, and personal representatives if you are deceased.

Limitation of Liability.  Company’s aggregate liability for claims will be limited to an amount equal to three (3) times the sum of Fees paid to the Company over the prior year.  Any claim must be made within one (1) year of the incident to which it relates or forever be barred. You execute this Release of Liability voluntarily and with full knowledge of its significance, and with the intent of binding yourself, your spouses, and children, if any, and their heirs, legal representatives, and assigns.  You expressly agree that this Release of Liability is intended to be as broad and inclusive as permitted by law.  You have carefully read this Release of Liability section and fully understand its contents.

Relationship of the Parties. Nothing contained in these Website Terms, your use of the Sites ore your participation with the Services will be construed to constitute you and the Company as a partner, joint venturer, employee, or agent of each other, nor will either hold itself out as such. Neither you or the Company has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of each other, it being intended that each will be responsible for its own actions.

Waiver of Jury Trial. You irrevocably, knowingly voluntarily and intentionally waive, to the fullest extent permitted by law, any right to a trial by jury in any action or proceeding arising out of your participation This provision is a material inducement for you to agree to the Website Terms.  You agree that any such action or proceeding will be tried before a court and not a jury. If this waiver of a trial by jury is deemed invalid, you agree that any action or claim arising out of any dispute in connection with your participation, any rights, remedies, obligations, or duties, or the performance or enforcement will be determined by judicial references.

Equitable Remedies. You agree that it would be impossible or inadequate to measure and calculate the Company’s damages from any breach of the covenants set forth in the Website Terms. Accordingly, you agree that if you breach any covenants, Company will have available, in addition to any other right or remedy available, the right to obtain an injunction from a court of competent jurisdiction restraining such breach or threatened breach and to specific performance of any such provision of the Website Terms including the Services Terms. You further agree that no bond or other security will be required in obtaining such equitable relief and consent to the issuance of such injunction and to the ordering of specific performance.

Attorney’s Fees. In the event of litigation to enforce any of the Website Terms, the prevailing party in such litigation is entitled to recover reasonable attorneys’ fees and expenses incurred in such litigation, including on appeal, in addition to any other recovery to which such party may be legally entitled. 

Uncontrollable Events. Non-performance by either you or the Company, other than an obligation to pay money, will be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders, or restrictions, acts of God, extreme weather, illness, car accident or any other reason to the extent that the failure to perform is beyond the reasonable control of the non-performing party. The non-performing party will give prompt notice to the other party of such delay and will use its best efforts to complete the performance, within a reasonable time frame of such act which has been delayed.

Amendment. No oral statement to either party may alter the Website Terms.

Severability. If any provision(s) of the Website Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of the Website Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 

Cumulative Remedies. All rights and remedies provided in the Website Terms are cumulative and not exclusive, and the exercise by either you or the Company of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement, or otherwise.

No Third-party Beneficiaries. The Website Terms benefit solely you and the Company and their respective permitted successors and assigns and nothing in the Website Terms, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of the Website Terms.

No Waiver of Contractual Right. The failure of the Company to enforce any provision of the Website Terms will not be construed as a waiver or limitation of the Company’s right subsequently to enforce and compel strict compliance with every provision of the Website Terms. 

Governing Law. You agree that the Website Terms are governed by, and construed in accordance with, the laws of the state of Utah.

Consent to Personal Jurisdiction. You expressly consent to the personal jurisdiction of the state and federal courts located in Utah for any lawsuit filed arising from or relating to the Website Terms.

Notices.  Any notice or other communication provided for or given to you or the Company will be in writing and given in person, by email, or by mail (registered or certified mail, postage prepaid, return receipt requested). Notices sent in accordance with this Section are deemed effective on the date of dispatch. You agree to keep the Company informed as to your current mailing address, telephone numbers and email address.  

Surviving Terms. The covenants, agreements, indemnification obligations, representations, and warranties of you and the Company will survive until the expiration of the applicable statute of limitations.

Headings. Headings in the Website Terms are for convenience of reference only and are not to be used in any interpretation of the Website Terms.

Interpretation. The Website Terms are construed without regard to any presumption or rule requiring construction or interpretation. Whenever the singular is used in the Website Terms, the same includes the plural, and whenever the plural is used, the same includes the singular, where appropriate. The captions used in the Website Terms are inserted for reference purposes only and not deemed to define, limit, extend, describe, or affect in any way the meaning, scope, or interpretation of any of the Website Terms or its intent.

Copyrights Policy. We respect others’ intellectual property rights, and we ask that users do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of Users who infringe the intellectual property of others. To protect the intellectual property rights of others, we have adopted the following policy in accordance with Section 512 of the Digital Millennium Copyright Act (“DMCA”) with respect to alleged copyright infringement by users of the Sites:

Procedure for Reporting Copyright Infringements. If you believe that material residing on or accessible through the Sites infringes your copyright, you may provide us with a written notice of the alleged infringement to the Designated Agent listed below. The notice must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • 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;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • 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
  • 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

Removal of Allegedly Infringing Material. Once a proper infringement notice is received by the Designated Agent, we may remove or disable access to the allegedly infringing material. We will make reasonable attempts to notify the User that we have removed or disabled access to the material. We may terminate access to the Sites to Users who are repeat offenders.

Counter-Notice Procedure. If a User believes that their material that was removed or to which access was disabled is not infringing upon a copyright, that User must send a counter-notice to the Designated Agent, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. The counter-notice must contain the following information:

  • A physical or electronic signature of the User;
  • The location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
  • The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which RMA may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.
  • If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days.
  • Unless the copyright owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored after receipt of the counter-notice in accordance with the DMCA.

Designated Agent and Contact for any questions:  

Name: Michelle Lockhart

Email: hello@MoreEnergy Healthhealth.com.

Entire Agreement. These Website Terms constitute the entire understanding between the parties and governs the terms and conditions of your use of the Sites (including your participation as defined above). There are no other agreements between the parties, except as set forth in this Agreement.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Sites or regarding your participation. You should visit the Sites and review the Website Terms periodically to determine if any changes have been made. Your continued use of the Sites after any changes have been made to the Website Terms signifies and confirms your acceptance of any such changes or amendments to the Website Terms.

TERMS AND CONDITIONS – PRIVACY POLICY

Last modified: May 20, 2025

Introduction. We respect your privacy and are committed to protecting it through our compliance with this policy.  This policy describes the types of information we may collect from you or that you may provide when you visit the Website located at: https://www.MoreEnergyhealth.com/, and any of the Social Sites (collectively the “Sites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

  • This policy applies to information we collect:
  • On the Sites.
  • In email and other electronic messages between you and the Sites.
  • When you interact with us directly or on third-party websites and services if those applications include links to this policy.
  • It does not apply to information collected by:
  • us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
  • any third party (including our affiliates and subsidiaries), including through any application or content that may link to or be accessible from or on the Sites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Sites. By accessing or using any of the Sites, you agree to this “Privacy Policy.” 

Children Under the Age of 13. The Sites are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Sites or on or through any features on the Sites, make any purchases through the Sites, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: hello@MoreEnergy Healthhealth.com.

Information We Collect About You and How We Collect It. We collect several types of information from and about users of the Sites, including information:

  • Personal Information:
    • by which you may be personally identified, such as name, email address, payment information such as credit card number or bank account (“Personal Information”);
    • that is about you but individually does not identify you and/or
    • about your internet connection, the equipment you use to access the Sites and usage details.
  • We collect this information:
  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Sites. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us. We do not allow information to be published or posted directly on the Sites or transmitted to other users of the Sites or third parties. 

  • The information we collect on or through the Sites may include:
    • Information that you provide by filling in forms on the Sites. We may also ask you for information when you report a problem with the Sites.
    • Records and copies of your correspondence (including email addresses) if you contact us.
    • Details of transactions you carry out through the Sites.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with the Sites, we may use automatic data collection technologies to collect certain information about:

  • Your equipment, browsing actions, and patterns, including:
    • Details of your visits to the Sites, including any other communication data and the resources that you access and use on the Sites.
    • Information about your computer and internet connection, including your IP address, operating system, and browser type.
  • The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Sites and to deliver a better and more personalized service, including by enabling us to:
    • Estimate our audience size and usage patterns.
    • Store information about your preferences, allowing us to customize the Sites according to your individual interests.
    • Recognize you when you return to the Sites.
  • The technologies we use for this automatic data collection may include: Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you will not be able to use our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Sites.

How We Use Your Information. We use information that we collect about you or that you provide to us, including any personal information: 

  • To present the Sites and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with any applicable notices about the services or products.
  • To carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection.
  • To notify you about changes to the Sites or any products or services we offer or provide though it.
  • We work with other companies or developers to offer you products and services and you may choose to sync, link, or connect other third-party services from the Sites. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your Personal Information, as well as information about how you interact with each company’s service or product.

Disclosure of Your Information. We will not disclose aggregated information about our users from the personal information that we collect, or you provide as described in this privacy policy to any third party. 

  • We may disclose your personal information:
    • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
    • To enforce or apply our Website Terms and other agreements, including for billing and collection purposes.
    • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, you, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your California Privacy Rights. California Civil Code Section § 1798.83 permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to: hello@MoreEnergy Healthhealth.com.

Data Security. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a login token or link for access to certain parts of the Sites, you are responsible for keeping this login token or link confidential. We ask you not to share your login tokens or links with anyone. We urge you to be careful about giving out information in public areas of the internet like message boards. 

Internet Use is a Risk.  Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.

Changes to Our Privacy Policy. It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the section “Terms and Conditions – Privacy Policy.” You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Sites and this privacy policy to check for any changes.

Contact Information 

To ask questions or comment about this privacy policy and our privacy practices, contact us at: hello@MoreEnergy Healthhealth.com.

Contact Us

385-630-7697

hello@MoreEnergyHealth.com

1064 S North County Blvd, Pleasant Grove, Utah 84062