TERMS OF USE

This website and software, under the name The Energy Nurse (this “Site”) is owned and operated by Apopka Wellness Center, Inc., a Florida corporation, d/b/a The Energy Nurse (“Apopka Wellness”). By visiting this Site, you accept and agree to be bound by these terms of use (these “Terms of Use”), including any future changes that we may make to these Terms of Use, and to abide by all applicable laws, rules and regulations (“Applicable Law”). We encourage you to read these Terms of Use regularly. You should also note that your access to and use of certain Apopka Wellness products or services may require you to accept additional terms of use applicable to such products or services.

REGISTERED MEMBERS

Portions of this Site are available only to registered members (“Members”) of this Site. Members are only allowed to register for this Site if they have entered into an agreement with Apopka Wellness relating to the use of this Site.

As a Member, you will maintain a confidential Member name and password (“Log-in Information”), which you will use each time you log on to this Site or a portal site from which you will access this Site. You agree that you will not share your Log-in Information with any other person or entity and that you will be responsible for all activity on this Site that originates from any member logged into this Site with your Log-in Information. Apopka Wellness is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your Log-in Information and/or failure to comply with these Terms of Use.

As a Member, you are required to provide us with an Email address as a condition to the use of this Site. If you provide us with your Email address, you agree that we may contact you from time to time via Email in connection with your use of this Site or Apopka Wellness’s products or services.

Apopka Wellness may deny access to the password protected portions of this Site to any Member, if the Member fails to abide by these Terms of Use or the terms of any other agreement with Apopka Wellness.

PAYMENT TERMS

You agree to pay for all products that you order from Apopka Wellness.

DATA COLLECTION

By utilizing the Site, you agree to release information about your name, email address, and user specifics.

OWNERSHIP OF INTELLECTUAL PROPERTY

Other than third party materials that Apopka Wellness uses with permission or in accordance with Applicable Law, Apopka Wellness owns all Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, and other copyrightable elements, and the selection and arrangements thereof, trademarks, service marks and trade names (collectively, the “Content”). The Content is protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Apopka Wellness grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Content that you may download from this Site, provided that you maintain all copyright and other notices contained in such Content. By registering to use this Site, you agree that you will not share your password with any other person, and you will not allow any other person to access the password-protected portions of this Site.

You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via your own or a third party website) without Apopka Wellness’s express prior written consent. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable federal and state laws.

Apopka Wellness neither warrants nor represents that your use of the Content will not infringe rights of third parties.

Any trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Site are registered and unregistered marks of Apopka Wellness or are otherwise used by Apopka Wellness with permission. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without Apopka Wellness’s express prior written permission. Your use of the Trademarks displayed on this Site, except as provided in these Terms of Use, is strictly prohibited. Apopka Wellness will aggressively enforce its intellectual property rights to the fullest extent of the law.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. While Apopka Wellness uses reasonable efforts to include accurate and up to date information in this Site, Apopka Wellness is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and Content contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Content rests with you. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APOPKA WELLNESS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OWNERS, LICENSORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THIS SITE WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY APOPKA WELLNESS OR ANY THIRD PARTY.

Notwithstanding the foregoing, if a court of competent jurisdiction determines that Apopka Wellness is liable to you for damages of any kind, in no event shall Apopka Wellness’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the greater of One United States Dollar or the amount, if any, that you paid to Apopka Wellness in order to access this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

PRIVACY

Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.

COPYRIGHT COMPLIANCE POLICY

To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) Apopka Wellness will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a member has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance with the DMCA by providing Apopka Wellness with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Please send all written correspondence of alleged infringements to:

APOPKA WELLNESS CENTER, INC.

424 N PARK AVENUE

APOPKA, FL 32712

Attn: Carolyn Green

You may also contact Apopka Wellness’s copyright agent email: Imalar00@aol.com.

LINKS TO THIRD PARTY SITES

Apopka Wellness has not reviewed the sites linked to this Site and is not responsible for the content of any websites owned or operated by third parties. Please note that when you leave this Site, you do so at your own risk.

CHATROOM/MESSAGE BOARDS/SHARED RESOURCES/OTHER POSTINGS

To the extent that portions of this Site provide members an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of Apopka Wellness or any of its licensors. In no event shall Apopka Wellness assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize Apopka Wellness to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Apopka Wellness will have the right to use and change the Postings in any manner that Apopka Wellness may determine. Additionally, Apopka Wellness may sweep its chat rooms, message boards, shared resources and other postings periodically in its sole discretion. Apopka Wellness does not allow Postings which contain:

  •  private or personal information which might identify a member

  •  profanity or obscenities

  •  personal attacks on other individuals

  •  slanderous, defamatory, obscene, pornographic, threatening and harassing comments, and/or other information that Apopka Wellness deems, in its sole discretion, to be inappropriate for this Site.

The chat rooms, message boards, shared resources and other postings may be used for noncommercial purposes only. Members may not post any information intended to promote and/or generate revenue for any third party business activity. Although Apopka Wellness may periodically monitor the Postings, Apopka Wellness cannot be responsible for the views or opinions expressed by third parties. Nevertheless, Apopka Wellness will make every effort to ensure that the chat rooms, message boards, shared resources and other postings best serve the interests of all Members and, therefore, Apopka Wellness reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of Members who do not comply with such rules. If you believe that any content on this Site (including, without limitation, Postings) violates any of these Terms of Use please click here to send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

From time to time, Apopka Wellness offers live chats in which Members may elect to participate. If a Member elects to participate in a live chat, the Member does so of his or her own volition and with the full understanding that a transcript of each live chat may be archived and made available to other Members in Apopka Wellness’s sole discretion.

INDEMNITY

You agree to indemnify, defend and hold Apopka Wellness and its affiliates, and their respective officers, directors, employees, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees and the fees of other professionals) incurred by any Indemnified Party in connection with any breach by you of these Terms of Use. Apopka Wellness reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Apopka Wellness’s defense of such claim.

APPLICABLE LAW, VENUE, JURISDICTION

These Terms of Use and the relationship between you and Apopka Wellness shall be governed by the laws of the State of Florida without regard to any provision of its laws which would require the application of the laws of a different jurisdiction. For any dispute arising under these Terms of Use, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Orange County, Florida. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

MISCELLANEOUS

These Terms of Use, together with Apopka Wellness’s Privacy Policy and any other policy posted at this Site are the entire agreement between Apopka Wellness and you relating to this Site. If any provision of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision to the extent permitted by Applicable Law, and such finding will not affect the balance of these Terms of Use, which will remain valid and enforceable.

Apopka Wellness operates and controls this Site from its offices located at 424 N Park Avenue, Apopka, FL 32712.

This Site is intended for residents of the United States and other countries permitted by Applicable Law.

Last modified May 1, 2017