Terms of Service
Enix Lifestyle Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS ("AGREEMENT" OR "TERMS") CAREFULLY BEFORE USING THE SITE AND THE SERVICES OFFERED BY Enix Lifestyle LLC and its affiliates (collectively, “Enix Lifestyle” or “we” “our” or “us”). This Agreement sets for the legally binding terms and conditions for your use of the website https://enixlifestyle.com/ and any other URLs and websites owned and operated by or blogs, podcasts or media produced or created by Enix Lifestyle LLC. and its affiliates (The "Site") and all services provided by Enix Lifestyle LLC. on the Site, including: subdomains, and sister sites (the “Site”).
The following terms and conditions govern all use of the Site and all content, services and products available at or through the Site by the user (“user” “you” “your”). The Site is offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the policies identified in Section 2 below) and procedures that may be published from time to time on this Site by Enix Lifestyle (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of the services. This Agreement applies to all users of the Site,
If you have any questions, contact us at firstname.lastname@example.org.
- Enix Lifestyle is a Web-Based Educational Platform
(a) Enix Lifestyle acts as a web-based platform that provides opportunities for users, who comply with Enix Lifestyle's policies to access informational and educational materials in a variety of formats (“educational content”), build their own meal plans, view video lessons, sign up for one-on-one coaching sessions, and join an accountability group where you interact with other users (collectively the “Program”).
(b) Enix Lifestyle does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Enix Lifestyle's control. You use the Enix Lifestyle service at your own risk.
(c) Enix Lifestyle does not guarantee continuous access to the Program. For example, if at any time, Enix Lifestyle terminates, suspends, downgrades, or otherwise limits your Account or access to Enix Lifestyle’s services, your ability to access any Program content through Site may be terminated. It is your responsibility to maintain and store a copy of your data to ensure future access
(d) Enix Lifestyle makes no representation, warranty or covenant, or guarantee either express or implied, that use of the Site and/or the Service will result in better health, physical fitness, maintenance of a healthy weight, weight loss, reducing or eliminating nutritional deficiencies, any positive effects on eating disorders, mental wellbeing, symptom relief, or any particular results or consequences, at all.
(e) Enix Lifestyle does not monitor, pre-approve, or endorse any content created by, or communications between, users in the accountability group. Enix Lifestyle has no control over the quality, safety, morality or legality of any aspect of any such user to user communication, or how the information contained in any such communications, used by the users that have access to such communications. Enix Lifestyle cannot guarantee the true identity, age, and/or nationality of a user.
- Enix Lifestyle is NOT A MEDICAL PROFESSIONAL
Enix Lifestyle provides you with general educational content concerning nutrition in order to provide you with guidance you can use for implementing your meal planning, weight loss, and/or fitness goals. The content on the Site and any Enix Lifestyle social media accounts are provided for informational purposes only. The Program is not a substitute for medical or psychological advice. The information we provide is general and not specific to you. We strongly urge you to consult with your physician (or primary health-care provider) before making any changes in your lifestyle and routine, as changing your diet or exercise or losing weight, may affect some medical conditions and medications. You should also discuss your participation and/or continued participation in the Program with your physician.
Although the Program was developed by respected health, nutrition, fitness and lifestyle advocates we are not licensed physicians and we are not a medical organization. Enix Lifestyle cannot and is not providing you with medical advice or diagnoses. The Program is not intended to treat any illness or disease.
All users should consult with a physician prior to participating in the Program, however those users with the below listed conditions are further advised to consult with their physician prior to using the Program or any components thereof:
- Pregnant or nursing
- Thyroid Disorders
- food allergy(s)
- morbid obesity
- eating disorder(s)
- under 18 years of age.
Users should use their discretion and adjust their use of the Program to take into account such user’s specific circumstances. Always confer with your appropriate medical provider. Users use of, reliance on, or implementation of any element of the Program is at user’s sole risk.
It is important that users be aware of certain risks that have been associated with weight loss. Risks include but are not limited to; constipation, dehydration, diarrhea, dizziness, hair loss, headaches, dry or cold skin, fatigue, inflammation, cramps, gallstones, gout, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, as well as other possible side effects. Enix Lifestyle is not responsible for any adverse reactions, effects, or consequences resulting from the user’s use of, reliance on, or implementation of any element of the Program.
- Account Registration
(a) Enix Lifestyle's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old. Individuals under the age of 18 must at all times use Enix Lifestyle's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is the user and is responsible for any and all activities and transactions that involve the applicable minor on the Site.
(b) You represent and warrant that all registration information you submit is accurate and truthful. Enix Lifestyle may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
(c) In addition, you must abide by all Enix Lifestyle's policies mentioned in this Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Enix Lifestyle (if applicable to your activities on or use of the Site), each of which is incorporated herein by reference and each of which may be updated by Enix Lifestyle from time to time. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Enix Lifestyle from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. Below is a list of some of Enix Lifestyle’s policies:
- GDPR Statement
(d) To complete your registration, you will provide your first and last name, email address, credit card information, billing address, and create a password. You are responsible for maintaining the confidentiality of your password and account. You may optionally provide information about your diet, physical attributes, and/or fitness and health goals. You are fully responsible for all activities that occur under your password or account. You are further responsible for any and all liability and/or damage resulting from your failure to maintain password confidentiality. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer. You agree to immediately notify Enix Lifestyle of any unauthorized use of your password or any breach of security. You also agree that Enix Lifestyle cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
(f) You may not transfer or sell your Enix Lifestyle account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(g) Enix Lifestyle's services are not available to cancelled or temporarily or indefinitely suspended Enix Lifestyle users. Enix Lifestyle reserves the right, in Enix Lifestyle's sole discretion, to cancel unconfirmed accounts. Enix Lifestyle reserves the right to refuse service to anyone, for any reason or no reason, at any time and to terminate such accounts. Enix Lifestyle reserves the right to terminate accounts that have been inactive for a period of twelve (12) months or longer.
Once your account is terminated, you understand and acknowledge that Enix Lifestyle may permanently delete your account and all data associated with it.
(h) You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, the Program, and any Enix Lifestyle service and, if applicable, your participation in the accountability group and any information you may collect thereby.
- Enix Lifestyle Membership Subscriptions and eBooks
(b) Your ability to access and use your Membership commences on the date Enix Lifestyle makes the Membership available to you following your registration for such Membership and remittance of the Fee and Applicable Taxes, if any, and continues for the duration of the Access Period. Enix Lifestyle will automatically renew your Subscription for additional thirty day Access Periods by charging the associated Fee plus any Applicable Taxes to the payment method you provided unless you cancel your Subscription as provided below.
(c) Unless you affirmatively opt-out of automatic renewal before the end of the then-current Access Period (as applicable), you hereby authorize Enix Lifestyle to renew or commence your Subscription automatically at the end of each Access Period for a new Access Period. If you opt-out of automatic renewal, your Subscription will expire and your access to your Membership will cease at the end of the then current Access Period. In order to continue to access your Membership after your Access Period has expired, you will need to purchase a new Subscription. Enix Lifestyle assumes no responsibility or liability if your Subscription fails to renew or otherwise expires because of outdated or incorrect payment information.
(d) You may cancel your Membership Subscription at any time through your account “My Account” page. If you cancel your Subscription during your current Access Period, your access to the Subscription will continue until the end of your then-current Access Period, at which point it will expire. Purchase and/or redemption of your Subscription is final and non-refundable; Enix Lifestyle will not issue you any refund, including partial, pro-rated, or otherwise unless required to do so by law.
(e) Enix Lifestyle also allows you to register for and schedule one-on-one coaching sessions through the Site. Any such sessions will be billed to the payment method associated with your account upon registration for such one-on-one coaching sessions. Such coaching sessions take place on Zoom,Facetime, or Skype, depending on your preference, which are online video conferencing platforms. You understand and acknowledge that Enix Lifestyle does not have control over these platforms or their security. Please review their legal policies prior to using them.
(f) Enix Lifestyle reserves the right to modify, offer additional, or cease offering its Membership(s) at any time in its sole discretion, including but not limited to changes in Fees, or modifying the features and functionality of the Site and any Membership Subscription. If we cease offering your current Membership, your access to your Membership will continue until the end of your then-current Access Period. We will provide you with thirty (30) days prior notice via email before changes in Subscriptions or Fees take effect. Any changes to the Subscription or Fees will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your current Access Period.
(g) eBooks such as meal plans and recipe eBooks and cooking videos are electronic products, and therefore cannot be “returned”. They are non-refundable.
- Your Content and Prohibited Activities
(a) You are solely responsible for your conduct and activities on and regarding Enix Lifestyle, your use of the content on the Enix Lifestyle Site and any and all data, text, information, reviews, posts, usernames, graphics, images, photographs, profiles, audio, video, polls, surveys, and links (together, "Content") that you submit, post, store, and/or display on or through Enix Lifestyle.
(b) You hereby represent and warrant that you shall not:
- Upload, download, post, email or otherwise transmit any Content in a fraudulent manner/for the purposes of committing a fraud.
- Upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, trade libelous, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
- Use the service or the Site to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct, or upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children.
- Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation
- Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Upload, download, post, email or otherwise transmit false, inaccurate, or misleading information.
- Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, third party sites, vendor’s or customer’s sites, or networks connected to or accessible through the Site or affiliated or linked websites.
- Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
- Frame the Site within another Site or webpage or link to the Site except as permitted in writing by Enix Lifestyle or Host images not part of a listing.
- Incorporate images or names that would violate a person's right of privacy or publicity; or
incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness without their express written consent.
- Use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the service or Site.
- Copy, modify or distribute rights or Content from the Site, service or tools or Enix Lifestyle’s copyrights and trademarks.
- Harvest or otherwise collect information about users, including email addresses, without their consent.
- Take any action that may undermine online reviews or feedback.
- Appear to create liability for Enix Lifestyle or cause Enix Lifestyle to lose (in whole or in part) the services of Enix Lifestyle's ISPs or other suppliers.
- Send any emails with deceptive subject lines or false or misleading heading information.
(c) You acknowledge that Enix Lifestyle does not pre-screen submitted Content, but that Enix Lifestyle and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Enix Lifestyle does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, claim, recommendation, or advice expressed therein, and Enix Lifestyle expressly disclaims any and all liability in connection with any Content. Without limiting the foregoing, Enix Lifestyle and its designees shall have the right to remove, without prior notice, any Content that violates the Agreement or is otherwise objectionable to Enix Lifestyle. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
(d) You acknowledge and agree that you alone are responsible for the creation and compilation of your Content.
(f) You agree that you are responsible for actions and communications undertaken under your account. Enix Lifestyle takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Enix Lifestyle and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Enix Lifestyle and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
(g) You agree that you will use this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
- Rights to and Use of Content
(c) By posting Content on Enix Lifestyle, it is possible for an outside website or a third party to re-post that Content. You agree to hold Enix Lifestyle harmless for any dispute concerning this use. If you choose to display your own Enix Lifestyle-hosted content on another website, the image must provide a link back to its listing page on Enix Lifestyle.
(d) Enix Lifestyle considers any solicited or unsolicited suggestions, ideas, proposals, content of any notes, messages, e-mails, postings, letters, concepts or other material submitted to it by users via the Site or otherwise (other than the account information, personal information) (collectively, the "Material") to be non-confidential and non-proprietary, and Enix Lifestyle shall not be liable for the disclosure or use of such Material. If, at Enix Lifestyle's request, any user sends Material to improve the site (for example through the Forums or to customer support), Enix Lifestyle will also consider that Material to be non-confidential and non-proprietary and Enix Lifestyle will not be liable for use or disclosure of the Material. Any communication by you to Enix Lifestyle is subject to this Agreement. The intellectual property rights in or relating to the Material will automatically be deemed to be assigned, granted and transferred by you to Enix Lifestyle upon their submission or communication to Enix Lifestyle, and you do assign all rights therein to Enix Lifestyle and agree that the same will automatically become the property of Enix Lifestyle and that Enix Lifestyle may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose, commercial or otherwise, Enix Lifestyle may elect, forever, without compensation or accounting to you and without further recourse by you.
- Third Party Sites
Links on this Site may lead you to a product or service that provides an affiliate commission to Enix Lifestyle. Enix Lifestyle does not prioritize any such affiliate relationship over the needs of our users when making recommendations or providing information to users. Please note that we have not been given any free products, services, or anything of value by such affiliates in exchange for mentioning on them on the Site.
- Resolution of Disputes and Release
(a) In the event a dispute arises between you and Enix Lifestyle, please contact Enix Lifestyle. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Arbitration Rules and Procedures of American Arbitration Association ("AAA") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected in accordance with the Arbitration Rules and Procedures of AAA. The arbitrator’s award shall be final and binding. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Enix Lifestyle agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(b) You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. You further agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration you and Enix Lifestyle waive any right to a jury trial.
(c) In the event a dispute arises between you and another user or a third party, Enix Lifestyle encourages you to contact the user or third party to resolve the dispute amicably. If you have a dispute with one or more users or users you release Enix Lifestyle (and Enix Lifestyle’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
(d) If users or a user and a third party have a dispute resulting from Content or relating to a user’s use of the Site, they must resolve such dispute amongst themselves. Enix Lifestyle has no obligation to resolve disputes between users or between users and outside parties. To the extent that Enix Lifestyle attempts to resolve a dispute, Enix Lifestyle will do so in good faith based solely on Enix Lifestyle's policies. Enix Lifestyle will not make judgments regarding legal issues or claims.
(e) You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
(f) You release Enix Lifestyle (and Enix Lifestyle's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
- Enix Lifestyle's Intellectual Property
(a) Enix Lifestyle, and other Enix Lifestyle graphics, logos, designs, page headers, button icons, scripts, and service names are copyrights, registered trademarks, trademarks or trade dress of Enix Lifestyle, Inc. in the U.S. and/or other countries. Enix Lifestyle's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion to consumers or in any manner that disparages or discredits Enix Lifestyle. All other trademarks not owned by Enix Lifestyle that appear on this site are the property of their respective owners.
(b) You acknowledge and agree that any content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Enix Lifestyle, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received through the Site without the authorization of Enix Lifestyle or the content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the Site, in violation of applicable copyright and other intellectual property laws.
(c) You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any Enix Lifestyle API, Widget integration, or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Enix Lifestyle’s express written consent.
(d) Enix Lifestyle may make certain software available to you through the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Enix Lifestyle for your personal, noncommercial, home use only. Enix Lifestyle does not transfer either the title or the intellectual property rights to the Software, and Enix Lifestyle retains full and complete title or license to the Software as well as all intellectual property rights therein, as applicable. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
- Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access Enix Lifestyle for any purpose whatsoever, except to the extent expressly permitted by Enix Lifestyle in writing. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Enix Lifestyle's sole discretion, an unreasonable or disproportionately large load on Enix Lifestyle's infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in Enix Lifestyle Guidelines or otherwise without the prior express written permission of Enix Lifestyle and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Enix Lifestyle's robot exclusion headers or other measures Enix Lifestyle may use to prevent or restrict access to Enix Lifestyle
(a) Without limiting any other remedies or abilities, Enix Lifestyle may, without notice, and without refunding any fees, delay or immediately remove Content, warn Enix Lifestyle's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
(c) Enix Lifestyle reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Enix Lifestyle.
(d) Enix Lifestyle’s failure to act with respect to a breach by you or others does not waive Enix Lifestyle’s right to act with respect to subsequent or similar breaches.
- No Warranty
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ENIX LIFESTYLE, ENIX LIFESTYLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ENIX LIFESTYLE'S SUPPLIERS PROVIDE ENIX LIFESTYLE'S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ENIX LIFESTYLE, ENIX LIFESTYLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ENIX LIFESTYLE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ENIX LIFESTYLE SHALL CREATE ANY WARRANTY. ENIX LIFESTYLE DOES NOT MAY ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASE OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR (D) THAT DEFECTS, IF ANY WILL BE CORRECTED, OR (E) THERE WON’T BE ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN, OR (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY WILL BE MONITORED OR PREVENTED. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- Liability Limit
IN NO EVENT SHALL ENIX LIFESTYLE, AND (AS APPLICABLE) ENIX LIFESTYLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ENIX LIFESTYLE'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Enix Lifestyle'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ENIX LIFESTYLE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ENIX LIFESTYLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Enix Lifestyle IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD ENIX LIFESTYLE AND (AS APPLICABLE) ENIX LIFESTYLE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, SUBMITTED CONTENT, BREACH OF THIS AGREEMENT, OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
- DMCA and Intellectual Property Rights Policy
As Enix Lifestyle asks that others respect its intellectual property rights, Enix Lifestyle respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright or trademark, you are encouraged to notify Enix Lifestyle in accordance with Enix Lifestyle’s Digital Millennium Copyright Act (“DMCA”) Policy (see below). Enix Lifestyle will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material that are contained on the Site. Enix Lifestyle may terminate a user’s access to and use of the Site at Enix Lifestyle’s sole discretion if Enix Lifestyle determines that the user is or may be infringing on the copyrights or other intellectual property rights of Enix Lifestyle or others.
DMCA/IP Notification Policy: To notify Enix Lifestyle of infringing or unlawful content, please provide Enix Lifestyle with the following information:
- Your name, address, telephone number and e-mail address;
- A description of the exact location on the Site of the infringing or unlawful content;
- A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed;
- In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;
- In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
- A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damaged by the content.
Enix Lifestyle takes such notices very seriously. Enix Lifestyle will evaluate the provided notice and if appropriate, based on Enix Lifestyle’s sole discretion, remove the content or disable access to the content. Based on Enix Lifestyle’s judgment, Enix Lifestyle may notify the source of the content of your complaint and Enix Lifestyle’s actions in response to your complaint. Enix Lifestyle reserves the right in Enix Lifestyle’s sole discretion to restore such content if the source of such content provides evidence that the content should not have been removed. Enix Lifestyle encourages you to seek the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.
Enix Lifestyle may be notified of claims of intellectual property infringement by mailing or emailing the above requested information to
Attn: Jess Loren
651 N. Broad St.,
Middletown DE 19709
Infringement and Third-Party Content
Because the Site allows content to be posted from third parties and third-party websites, there is a chance that the ability to remove any allegedly infringing content will be out of Enix Lifestyle’s control. While Enix Lifestyle will make a good faith effort to remove the allegedly infringing content, once content is posted from Enix Lifestyle to any third-party website, Enix Lifestyle will have no control or ability to remove such content. If you believe your copyright has been infringed by a Enix Lifestyle user posting content from a third-party website or to a third-party website, we strongly suggest you contact the third party or third-party site directly and request the allegedly infringing material be taken down.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- Enix Lifestyle Services
Enix Lifestyle reserves the right to modify or terminate the Enix Lifestyle service for any reason, without notice, at any time. Enix Lifestyle reserves the right to alter these Terms or other Site policies at any time, so please review the policies frequently. If Enix Lifestyle makes a material change Enix Lifestyle will notify you here, by email, by means of a notice on our home page, or other places Enix Lifestyle deems appropriate. What constitutes a "material change" will be determined at Enix Lifestyle's sole discretion, in good faith, and using common sense and reasonable judgment.
- Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Delaware, excluding its conflicts of laws rules, and the United States of America.
Sections 1 (Enix Lifestyle is a Web-Based Educational Platform), 2 (Enix Lifestyle is Not a Medical Professional), 5 (Your Content and Prohibited Activities), 6 (Rights to and use of Content),8 (Resolution of Dispute and Release), 9 (Enix Lifestyle's Intellectual Property), 10 (Promotions), 11(Access and Interference), 12 (Breach), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (DMCA and Intellectual Property Rights Policy), 17 (Severability), 20 (Choice of Law), 21 (Survival), 24 (Subpoenas), and 25 (Notices) shall survive any termination or expiration of this Agreement.
You may not assign your account, this Agreement, or any of your rights or responsibilities hereunder. Enix Lifestyle may assign its rights and responsibilities hereunder without notice to you.
These terms and conditions will inure to the benefit of Enix Lifestyle’s successors, assigns and licensees. Any heading, caption, or section title contained herein is inserted only as a matter of convenient, and in no way defines or explains any section or provision hereof. The failure of Enix Lifestyle to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such rights or provisions.
- Subpoena Fees
If Enix Lifestyle has to provide any information concerning you, your account, and/or your use of the Site or services, in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include legal fees, and labor fees, for the time our employees spend retrieving such information and records, preparing documents, and/or participating in any depositions or discovery proceeding.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Enix Lifestyle; Attn: Legal Department; 651 N. Broad St., Suite 206, Middletown DE 19709 (in the case of Enix Lifestyle) or, in your case, to the email address you provide to Enix Lifestyle (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Enix Lifestyle may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Enix Lifestyle. In such case, notice shall be deemed given three days after the date of mailing.
Updated: January 10, 2020