Terms And Conditions

Welcome to ENERGY MATTERS ACUPUNCTURE & QIGONG (EMA). Before you get started, it’s important for you to understand your responsibilities as a Student — and for you to understand that you are entering into an agreement with EMA which is designed to protect EMA and outline the relationship among Students and EMA.

THIS IS A BINDING CONTRACT, PLEASE READ IT CAREFULLY. Upon completion of the registration process, you affirmatively agree to be bound by these Terms and Conditions (“Terms”), but you also are deemed to have accepted them (and any changes that have been published on this page) by accessing or using the Site (the “Service”). It is your responsibility to check this page from time to time to review any changes to these Terms.  If you are not prepared to agree to all these Terms (including changes published on this page, then you must cease accessing the Service and must delete any materials that you have downloaded or copied from the Site or through the Service.

Outline of Terms. 

These Terms are divided into separate sections to make them easier to read, but every section applies to every user, regardless of what the heading says.

DESCRIPTION OF SERVICE

The Service includes 1) a platform for the purchase and use of digital content, which allows end-users to a) purchase a subscription and stream live and pre-recorded audio and video content over the Internet for personal use,  or b) purchase online courses for permanent access for personal use, (2) EMA teacher profiles and class schedules.

EMA ACCOUNTS

Students must create an EMA Account in order to access the Service. You may only create an EMA Account if:

• You are at least 13 years old, and if you are less than 18 years old, you have the permission of your parent or guardian;
• You provide your legal full name, valid email address, zip code, and any other information requested during the signup process.
• It’s up to you to protect the security of your account and your password. EMA will not be liable for your losses caused by any unauthorized use of your account, but you may be liable for the losses of EMA or others due to such unauthorized use.
• When you set up an EMA Account, you will be given the opportunity to save banking or credit card information and certain communication/privacy preferences. Please see our Privacy Policy for further discussion of such information.

OBLIGATIONS OF STUDENTS:

All Users. All users agree that they may not:

• use their account to breach the security of another account or attempt to gain unauthorized access to another network or server, and that not all areas of the site may be available to them or other authorized users of the site.
• interfere with anyone else’s use and enjoyment of the site or other similar services.
• download any Content unless you see a “download” or similar link displayed by EMA on the portal for that Content.
• copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes or circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, without the prior written consent of EMA or the respective licensors of the Content.
• Users who violate systems or network security may incur criminal or civil liability.

Students.

EMA has no responsibility to you for any injuries or damages that you suffer in connection with the use of the Service, and you specifically release us from any claims you may have and agree to indemnify us if we suffer a loss in connection with your use of the Service. Our only responsibility is a limited obligation to pay refunds in certain specific situations. You must take precautions to protect yourself.

Payments and Fees

• A valid credit card or PayPal account is required for courses.
• A full payment in accordance with payment guidelines is required to register for a class on EMA.

Classes, Modifications, and Amendments

• You agree to accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to book and pay for a Service on EMA.
• EMA reserves the right to cancel or change any booked Service at any time, for any reason.
• EMA reserves the right at any time to modify or discontinue, temporarily or permanently, the Service with or without notice.

Refund Policy

When a student signs up for a course, EMA charges their credit card or PayPal account at the time of sign-up to hold their spot for the course. Students may request a refund within the refund request period in accordance with our Refund Policy.

The following applies to the membership subscription for WILD GOOSE FLOCK PORTAL Trial. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”).

EMA will not bill your account until the Free Trial has expired and provided that you have not canceled your account during the Free Trial period. The Free Trial will automatically convert to a paid monthly subscription unless EMA is notified of cancellation. You may only use a Free Trial once. EMA reserves the right to terminate any account that is using or trying to use more than one Free Trial.

Billing. 

Memberships are billed monthly. All memberships are renewed automatically until canceled. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase.

Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.

Pricing. 

When you purchase a membership subscription, you will initially be charged at the rate applicable at

the time of your agreement to subscribe. If EMA later increases the price of the subscription, EMA will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days prior notice before the charge is made. If you are given less than 10 days prior notice, the price increase will not apply until the payment after the next payment due.

No Sharing. 

Members of EMA may not share, give, or sell their password or username to any other person or

entity. Excessive viewings or logins by any Member will be construed by EMA as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.

Fraudulent Use. 

EMA reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

Health and Medical Concerns. 

Some of the Site Content includes information and instruction relating to nutrition, exercise and fitness, and some of the products and services available through the Websites and the Services relate to nutrition, exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.

Before participating in any exercise program or using any fitness products or nutrition services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. EMA and its staff (unless otherwise indicated) are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

The Online Courses and Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or nutrition services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.

You should never disregard medical advice or delay seeking it because of a statement you have read on the Websites and/or the Services. The Websites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Websites and/or the Services.

Other Important Points.

You should also be aware of the following:

The Content available through the Service belongs to EMA and it is a violation of intellectual property rights for you to record the audio or video available through the Service. You hereby agree that you will not make any such recordings, or otherwise copy, redistribute, publish, or exploit material from the Service, except as expressly permitted herein, without the express prior written permission of EMA and the relevant Instructor.

The Website may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). However, the inclusion of a link in any of our Websites does not imply EMA's investigation, evaluation, and/or endorsement of such third-party websites. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses, entities, or individuals, or the accuracy of the content of their advertising or websites. EMA's does not assume any responsibility or liability for the actions, products, services, and/or content of any such websites. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such websites. If you decide to access any such linked websites, you do so at your own risk.

RIGHTS OF EMA/LIMITATION OF LIABILITY

EMA Makes No Representations or Warranties. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. EMA reserves all rights not expressly granted in and to the Service and the Content.

All materials and services on this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. in addition, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. without limiting the foregoing, we make no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.

This site could include technical or other mistakes, inaccuracies, or typographical errors. we may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. the materials or services at this site may be out of date, and we make no commitment to update such materials or services.

The use of the services or the downloading or other acquisition of any materials through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

You understand and agree that temporary interruptions of the Services may occur as normal events.  You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

Limitation of Liability

IN NO EVENT SHALL EMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF EMA SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED

THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,

EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE EMA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY EMA OR ANY OF ITS EMPLOYEES. EMA IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ON THE WEBSITE OR THIRD-PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES EMA WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD-PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND EMA OR A REPRESENTATIVE OF EMA SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

EMA RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.

Exclusions and Limitations

Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

Indemnity

You agree to defend, indemnify and hold harmless EMA, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.

Miscellaneous

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over EMA, either specific or general, in jurisdictions other than California.  These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and EMA that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Alameda County, CA. These Terms of Service, together with the Privacy Policy at http://energymattersonline.com/privacy-policy and any other legal notices published by EMA on the Service, shall constitute the entire agreement between you and EMA concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and EMA’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. EMA reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND EMA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR

RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED