This Website is an online subscription service ("Service") owned and operated by E Synergy Group, Inc.. Please carefully read and understand these Terms and Conditions prior to becoming a subscriber to the Service, as they constitute a binding legal agreement (the "Agreement") by and between E Synergy Group, Inc. and persons who elect to become subscribers to the Service (the "Subscribers").
1. As a Subscriber to the Service, you agree to be bound by each and every provision contained in this Agreement (the "Agreement"). This Agreement may be modified or amended by E Synergy Group, Inc. at any time, and changes are effective upon notice to each Subscriber. Notices by E Synergy Group, Inc. to Subscribers may be given via electronic messages through the Service, a posting on the Service, or by mail.
2. Subscribers will be charged a subscription fee for the Service, in accordance with E Synergy Group, Inc.'s then-current billing terms, as well as an international processing fee for initial trials (Fee ranges from $0.45 to $0.95 depending on your location).
3. Until such time as this Agreement is terminated in accordance with its provisions, Subscriber agrees to pay his/her/its subscription fee by credit card (or other approved facility or mechanism), and hereby authorizes E Synergy Group, Inc. to charge Subscriber's credit card (or other approved facility or mechanism) for the ongoing subscription fee, and for any and all purchases or products and/or services purchased by Subscriber from the Service. Subscribers using our ACH or Online check payment system also acknowledge that if payment is returned unpaid for NSF or Insufficient Funds, the Customer is responsible for the unpaid transaction, plus a Returned Item Fee of $25.00 or the Maximum allowed by law will be electronically debited from the Customers bank account.
4. Subscriber agrees to immediately inform E Synergy Group, Inc. of any of the following changes in his/her/its credit card account: Card loss or theft, or unauthorized usage of the card; apparent breach of security of Subscriber ID or password, such that unauthorized access to the Service via the card is possible. Unless Subscriber gives proper notice to E Synergy Group, Inc. of same, Subscriber will remain liable to E Synergy Group, Inc. for any and all charges for unauthorized use of the Service.
5. Subscription to the Service will be automatically renewed for the
original term upon expiration of such term, unless the billing company that
processed the transaction is notified 7 days prior to membership expiration.
Cancellation for trial and full membership may ONLY be accomplished by
cancelling the membership via the normal cancellation method at the
applicable billing companies online cancellation page. This service is
available 24 hours a day, seven days a week. Upon cancellation of your
account, you will receive a Cancellation Confirmation Number for your
records.
6. Trial Subscribers acknowledge that Trial subscriptions may not necessarily entitle full, unrestricted access to the website. Special Features, and Member's Events will be restricted to full members only. Trial Subscribers must wait until the account re-bills to a Full Monthly Membership before these special features become available.
7. Upon becoming a Subscriber to the Service, E Synergy Group, Inc. will provide the Subscriber with a unique ID and password which allows access to the Service. The ID and password is issued by E Synergy Group, Inc. in the form of a revocable license and remain the property of E Synergy Group, Inc. and constitute proprietary information and are the property of E Synergy Group, Inc.. IDs and passwords are non- transferable. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, E Synergy Group, Inc. will not release passwords for any reason, except as may be specifically required by law or court order. Transfer of any ID or password to another person or entity, or allowing any person or entity other than the Subscriber to access the Service via such Subscriber's ID and password is strictly prohibited, and is a breach of this Agreement and a violation of law. Each account (username) is limited to no more than 10 logins a day over a 24 over hour period. The said period lasts from 12:00 midnight EST to 11:59pm EST
8. Subscriber hereby swears and affirms under oath, warrants and represents that he/she is at least eighteen (18) years of age (21 in jurisdictions that require that age limit) and has the legal capacity to enter into agreements of this nature. E Synergy Group, Inc. makes no representation or warranty that the content published on the applicable website complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws. You further represent and warrant that you understand the nature of the content published on the applicable website is namely sexually explicit materials, and that you voluntarily and knowingly choose to view such material, and that such material does not offend or vex your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.
9. Subscriber agrees to indemnify and hold harmless E Synergy Group, Inc., the applicable websites, their officers, directors, managers, members, agents and employees from any against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of Subscriber's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Subscriber or E Synergy Group, Inc. relating to any services or products offered by or through the Service, Subscriber agrees to submit to the personal jurisdiction of the courts of Netherlands. Should any such claim for indemnification arise, or should any action be brought by subscriber or E Synergy Group, Inc. relating to any services or products offered by or through the Service, except those claims or actions relating to those products and services covered in paragraphs 14a., and 14b. below, Subscriber agrees to submit to the personal jurisdiction of the courts of the state of Michigan.
10. If a claim or cause of action arises due to the failure by subscriber to pay for product or service or if a claim or cause of action for insufficient funds or fees due as a result of insufficient funds arises, E Synergy Group, Inc. or the E Synergy Group, Inc. agent(s), authorized to process and/or collect funds or assignees or attorneys on behalf of E Synergy Group, Inc., may at their option, bring said claim or cause of action in any Court sitting in the United States, and SUBSCRIBER AGREES AND SUBMITS TO THE PERSONAL JURISDICTION OF THE SAID COURTS and WAIVES TRIAL BY JURY.
11. All claims or causes of action arising due to the failure by subscriber to pay for product or services or any claim or cause of action for insufficient funds or fees due as a result of insufficient funds shall be GOVERNED BY THE LAWS OF THE UNITED STATES and the SUBSCRIBER WAIVES PERSONAL SERVICE UPON THEM, and agrees that SERVICE OF PROCESS regarding these claims or causes of action shall be accomplished VIA CERTIFIED MAIL at the address designated on this agreement or on the agreement with the E Synergy Group, Inc. agent(s) who is authorized to process payments and SHALL BE DEEMED PERSONAL SERVICE.
12. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by E Synergy Group, Inc., or is licensed under copyright by E Synergy Group, Inc., and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of E Synergy Group, Inc..
13. The Service is for the private, non- commercial enjoyment of Subscribers only. Any other use is prohibited.
14. Notices by E Synergy Group, Inc. to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement.
21. This Agreement sets forth the full and complete understanding between Subscriber and E Synergy Group, Inc. with respect to its subject matter, and supersedes all prior understandings or agreements, whether written or verbal. This Agreement may be modified upon notice by E Synergy Group, Inc. to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of the United States of America. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.