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Terms and Conditions of Use

Please read these Terms and Conditions carefully before using this site. These Terms and Conditions of Use (these “Terms and Conditions”) set forth the agreement between the  web site (this “Site”), which is owned, operated and maintained by Electrum Performance, LLC, and each user governing the use of this web site. Electrum Performance (“we”, “us”, “our”) want each visitor to this Site to have the best experience possible, so the following terms and conditions have been established. Please read these Terms and Conditions carefully before using this Site.

By using this site, you are agreeing to these Terms and Conditions. If you do not agree to these Terms and Conditions in totality, do NOT use this site. Electrum Performance may revise and update these Terms and Conditions at any time. Your continued usage of the Electrum Performance web site (the “Site”) will mean you accept those changes. You are encouraged to review this Site and these terms periodically for any updates or changes. Your continued access or use of this Site shall be deemed your notification and acceptance of these changes.

Recurring Billing

The cost for Custom Programming from Electrum Performance is $99.99 every month until subscription cancellation. Please allow up to 7-days after purchase and receipt of the completed questionnaire form for delivery of your program. New questionnaires will be sent each month after successful renewal payment and your new program will arrive within 7-days of receiving the completed follow up questionnaire.

The cost for Tea EP membershis is $19.99  per month until subscription cancellation after a 7 day free trial. All cancellations must be completed prior to your next billing date. No refunds will be offered for failure to cancel in a timely manner and your new personalized program will be delivered as scheduled. You may cancel anytime.

Termination

These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of this Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of this Site with or without notice. As stated above, you agree that any termination of your access to this Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to this Site. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.

Liability of Electrum Performance

When using this Site, information is transmitted over a medium that may be beyond the control and jurisdiction of Electrum Performance. Accordingly, Electrum Performance assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Site.

Electrum Performance, any licensors, and any suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.

Without limiting the foregoing, Electrum Performance, its licensors, and its suppliers make no representations or warranties about the following: the accuracy, reliability, completeness, or timeliness of the Content, text, graphics, links, or communications provided on or through the use of this Site or Electrum Performance.

In no event shall Electrum Performance (or any of its licensors, suppliers, or third parties mentioned on this Site) be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this Site, and/or the Content, regardless of whether based on warranty, contract, tort, or any other legal theory, whether or not Electrum Performance, its licensors, its suppliers, or any third parties mentioned on this Site are advised of the possibility of such damages. Any claims arising in connection with your use of this Site, or any Content, must be brought within one (1) year of the date of the event giving rise to such action occurred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.

Indemnity

By execution of this agreement, you hereby agree to indemnify and hold harmless Electrum Performance from any loss, liability, damage, or cost Electrum Performance may incur due to the provision of online strength training by Electrum Performance to you. You agree to defend, indemnify, and hold Electrum Performance, its officers, directors, employees, agents, and licensors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Electrum Performance, or in any way relating to your use of this Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Electrum Performance or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

Unless expressly provided in a particular “legal notice” on this Site, these Terms and Conditions constitute the entire agreement between you and Electrum Performance with respect to the use of this Site, and the Content.. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

General

Electrum Performance is based in San Diego, California in the United States of America with principal offices in San Diego, California. Electrum Performance makes no claims that Electrum Performance, this Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from this Site to either a foreign national or a foreign destination in violation of such laws.

This Site Does Not Provide Medical Advice

The contents of this Site, such as text, graphics, images, information obtained from Electrum Performance’s licensors, and other material contained on this Site (collectively, the “Content”) are for informational purposes only.The content on this Site is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you may have a medical emergency, call your doctor or 911 immediately. Electrum Performance does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site. Reliance on any information provided by Electrum Performance, Electrum Performance employees, others appearing on this Site at the invitation of Electrum Performance, or other visitors to this Site is solely at your own risk. Results with this program may vary. Exercise and proper diet are necessary to achieve and maintain a healthy lifestyle. Consult your healthcare professional before beginning any diet or fitness regimen and please refer to your healthcare professional with any medical related questions that may arise while training with the Electrum Performance Levels Progression.