TERMS
OF USE
Effective Date: January 1, 2018__
To review material modifications and their effective
dates scroll to the bottom of the page.
1.Parties. The parties to these Terms of Use are you, and the owner of this
personalenergytransformation.com website business, Personal Energy
Transformation, Inc. ("PET"). All references to "we",
"us", "our", this "website" or this
"site" shall be construed to mean this website business and PET.
2.Use And Restrictions. Subject to these Terms of Use and our Privacy Policy,
you may use the public areas of this site, but only for your own internal
purposes. You agree not to access (or attempt to access) this site by any means
other than through the interface we provide, unless you have been specifically
allowed to do so in a separate agreement. You agree not to access (or attempt
to access) this site through any automated means (including use of scripts or
web crawlers), and you agree to comply with the instructions set out in any
robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the
site, its services or content; (ii) modify or make derivative works based on
the site, its services or content; or (iii) "frame" or
"mirror" the site, its services or content on any other server or Internet-enabled
device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
3.Modification. We reserve the right to modify these Terms of Use at any time,
and without prior notice, by posting an amended Terms of Use that is always
accessible through the Terms of Use link on this site's home page. You should
scroll to the bottom of this page periodically to review material modifications
and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR
POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
4.Monitoring. We reserve the right, but not the obligation, to monitor your
access and use of this site without notification to you. We may record or log
your use in a manner as set out in our Privacy Policy that is accessible though
the Privacy Policy link on this site's home page.
5.Separate Agreements. You may acquire products, services and/or content from
this site. We reserve the right to require that you agree to separate
agreements as a condition of your use and/or purchase of such products,
services and/or content.
6.Ownership. The material provided on this site is protected
by law, including, but not limited to, United States copyright law and
international treaties. The copyrights and other intellectual property
in the content of this site is owned by us and/or
others. Except for the limited rights granted herein, all other rights are
reserved.
7.Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE
LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS
OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR
IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT,
ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF
THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
8.Links to This Site. We grant to you a limited, revocable, and nonexclusive
right to create a hyperlink to this site provided that the link does not
portray us or our products or services in a false, misleading, derogatory, or
offensive matter. You may not use any logo, trademark, or tradename
that may be displayed on this site or other proprietary graphic image in the
link without our prior written consent.
9.Links to Third Party Websites. We do not review or control third party
websites that link to or from this site, and we are not responsible for their
content, and do not represent that their content is accurate or appropriate.
Your use of any third party site is on your own initiative and at your own
risk, and may be subject to the other sites' terms of use and privacy policy.
10.Participation In Promotions of Advertisers. You may enter into
correspondence with or participate in promotions of advertisers promoting their
products, services or content on this site. Any such correspondence or
participation, including the delivery of and the payment for products, services
or content, are solely between you and each such advertiser.
11.Arbitration. Except for actions to protect intellectual property rights and
to enforce an arbitrator's decision hereunder, all disputes, controversies, or
claims arising out of or relating to this Agreement or a breach thereof shall
be submitted to and finally resolved by arbitration under the rules of the
American Arbitration Association ("AAA") then in effect. There shall
be one arbitrator, and such arbitrator shall be chosen by mutual agreement of
the parties in accordance with AAA rules. The arbitration shall take place in
Phoenix, Arizona USA, and may be conducted by telephone or online. The
arbitrator shall apply the laws of the State of Arizona, USA to all issues in
dispute. The controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The findings of the arbitrator shall be final and binding
on the parties, and may be entered in any court of competent jurisdiction for
enforcement. Enforcements of any award or judgment shall be
governed by the United Nations Convention on the Recognition and Enforcement of
Foreign Arbitral Awards. Should either party file an action contrary to
this provision, the other party may recover attorney's fees and costs up to
$1000.00.
12.Jurisdiction And Venue. The courts of Yavapai County in the State of
Arizona, USA and the nearest U.S. District Court in the State of Arizona shall
be the exclusive jurisdiction and venue for all legal proceedings that are not
arbitrated under these Terms of Use.
13.Controlling Law. This Agreement shall be construed under the laws of the
State of Arizona, USA, excluding rules regarding conflicts of law. The
application the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
14.Severability. If any provision of these terms is declared invalid or
unenforceable, such provision shall be deemed modified to the extent necessary
and possible to render it valid and enforceable. In any event, the
unenforceability or invalidity of any provision shall not affect any other
provision of these terms, and these terms shall continue in full force and
effect, and be construed and enforced, as if such provision had not been
included, or had been modified as above provided, as the case may be.
15.Force Majeure. We shall not be liable for damages for any delay or failure
of delivery arising out of causes beyond our reasonable control and without our
fault or negligence, including, but not limited to, Acts of God, acts of civil
or military authority, fires, riots, wars, embargoes, Internet disruptions,
hacker attacks, or communications failures.
16.Privacy. Please review this site's Privacy Policy which
also governs your visit to this site. Our Privacy Policy is always accessible
on our site's home page.
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>>Material Modifications<< Since January 1, 2018__: none.
Notice: This document is Copyright © Chip Cooper of the law firm of Jones &
Haley, P.C., and licensed for use by the owner of this website under
distribution rights granted to FTCGuardian.com. All rights reserved worldwide.
No part of this document may be copied, reprinted, reproduced, or transmitted
in any form or by any means without the prior written permission of the
copyright owner.