Welcome to the Energy Matters Acupuncture 21 Days to Better Health Program and our Terms of Use and Conditions of Purchase (these “Terms”).

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE SIGNING UP FOR THE PROGRAM.

By accessing or using the services provided by Energy Matters Acupuncture or other affiliates (collectively, “Energy Matters,” “we,” “us” or “our”) via phone, face-to-face consultation, websites or blogs, (collectively, the “Sites” and together with such services, the “Services”) you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services in any way or order, receive, or use the food products and/or dietary supplements made available through the Services (collectively, the “Products”).

If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

Energy Matters Acupuncture reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Sites. By continuing to access or use the Services in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services or order, receive, or use the Products. If you do not agree to the revised Terms, you are free to reject them, but in that case, you may not access or use the Services or order, receive or use the Products.

The 21 Days to Better Health Program Products are not intended to diagnose, cure, treat, or prevent any disease. The information, statements, and images used by Energy Matters Acupuncture have not been reviewed by the Food & Drug Administration. Commitment to any aspect of the 21 Days to Better Health Program does not and is not meant to replace medical care. If you have an existing medical condition, including if you are actively trying to conceive, pregnant, or nursing, or take any medications, please consult with your doctor before committing to any of the 21 Days to Better Health Program or making any 21 Days to Better Health Program recommended changes to your diet or exercise program. Please see our Health Disclaimer page for more information.

Privacy Policy. Please refer to our Privacy Policy page, for information about how we collect, use, and disclose information about you.

Eligibility. The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

You consent to receive electronic communications from Energy Matters Acupuncture (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

Terms of Sale.

Returns and Refunds.We generally are not able to accept product returns. If you are not completely satisfied with your 21 Days to Better Health Program registration for good reason, please contact [email protected] within fourteen (14) days of receipt. We will happily review your order and any reported issues and offer an appropriate resolution which may include replacement of the product in question, credit towards your next purchase, or a partial/full refund. Any refund issued will be at the discretion of Energy Matters Acupuncture. In certain rare instances, we may request that you return a product, in which case we will provide a shipping label. Alternatively, we may ask that you provide photos of the product labels, including lot number and expiration date, and any damage reported.

We do not issue refunds of any kind for purchases made through retail stores, practitioners, or third-party websites. If you purchase any product from a retail store, practitioner, or third-party website, the refund policy of that retail store, practitioner, or website shall apply.

Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Energy Matters Acupuncture, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Energy Matters Acupuncture Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you, and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms.

Disclaimers. You are solely responsible for the proper and safe handling, preparation, storage, use, and consumption of the products you receive from us. As outlined in our health disclaimer, we urge that you speak to your medical provider before using our products or following any dietary recommendations or changes in activity level accompanying one of our cleanse programs. you are also solely responsible for knowing about any food allergies you may have and for verifying the products and their ingredients before handling, preparing, using, or consuming such products. Furthermore, you understand, acknowledge, and agree that products are manufactured and packaged in facilities that may process all major U.S. allergens (milk, wheat, egg, soy, fish, shellfish, and tree nuts) and we cannot guarantee that cross-contamination will not occur between products.

We reserve the right to change any and all Content and to modify, suspend, or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you.

Limitation of Liability; Release. To the fullest extent permitted by applicable law, in no event shall Energy Matters Acupuncture or any of the other 21 Days to Better Health Program parties be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access or use of the sites or content or the order, receipt or use of any product or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from Energy Matters Acupuncture, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Energy Matters Acupuncture’s records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), express or implied warranty of merchantability, express or implied warranty of fitness for a particular purpose, strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, and legal and personal representatives, hereby release, waive, acquit, and forever discharge Energy Matters Acupuncture and the other 21 Days to Better Health parties from and against any and all claims you have or may have arising out of or in any way related to these terms. It is not Energy Matters Acupuncture’s intent to apply any exclusion or limitation in any jurisdiction where such exclusion or limitation is not permitted by law.

Entire Agreement. These Terms constitute the entire agreement between you and Energy Matters Acupuncture relating to your access to and use of the Sites and your order, receipt, and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Energy Matters Acupuncture. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Energy Matters Acupuncture’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.