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    TERMS + CONDITIONS

    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

    By accessing or using this website, mobile application or other +ENERGEE product or service (collectively the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of +ENERGEE. +ENERGEE may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

    BIMPORTANT NOTICE FOR AMATEUR ATHLETES YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS PLATFORM DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. +ENERGEE IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE PLATFORM RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

    PHYSICAL ACTIVITY NOTICE

    The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. +ENERGEE is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.

    INTELLECTUAL PROPERTY

    All intellectual property on the Platform (except for User Generated Content) is owned by +ENERGEE or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the +ENERGEE name and the Swoosh design) are owned, registered and/or licensed by +ENERGEE. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of +ENERGEE; All rights reserved.

    You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase +ENERGEE products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without +ENERGEE’s prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

    PRODUCT ORDERS

    All orders placed through the Platform are subject to +ENERGEE’s acceptance. This means that +ENERGEE may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, +ENERGEE will issue you a refund.

    SAFEGUARD YOUR USERNAME/PASSWORD

    You are responsible for any actions that take place while using your +ENERGEE account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. +ENERGEE is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

    USER GENERATED CONTENT

    “User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by +ENERGEE.

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