Legal

Legal

Find specific trademark, patent and legal notices.

Permission to copy and distribute all documents and related graphics from this World Wide Web (WWW) server is granted subject to the following:

1. The materials provided herein are for internal, non-commercial use only, and
2. Any copies of documents contained within this server or portions thereof must include the above copyright notice.

Each document published by EFX Performance, Inc on this server may contain other proprietary notices or describe products, services, processes or technologies owned by EFX Performance, Inc or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of EFX Performance, Inc or any third party.

Trademarks

EFX, EFX Performance, EFX Sports, EFX Yoga, EFX Golf, EFX Jewelry, EFX MOTO, EFX Xtreme and PLAZBO name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of EFX Performance, Inc and may not be used in any manner without the prior written consent of EFX Performance, Inc.

All other product and service marks are trademarks of their respective owners.

Patent Pending

EFX technology has multiple method, design and utility Patent Pending applications. The core technology is our proprietary formula and methodology on how to program data and frequencies in to holographic media, fabrics, metals, films, and organic conductive polymers.

Legal Notice

Terms of Use. Your use of the EFX Performance, Inc., and or its affiliates and subsidiaries (hereinafter "EFX") website (hereinafter "Website") represents your agreement to comply with all terms, including notices, of this Website. EFX may change these terms at any time and your use is subject to the changes. If you do not accept these terms, you are not authorized to access and use this Website, and you are required to exit this Website immediately. Use or reproduction of the content or materials for any purpose not expressly permitted is prohibited. EFX reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

MEDICAL DISCLAIMER. This information and advice published or made available through the EFXUSA.COM web site is not intended to replace the services of a physician, nor does it constitute a doctor-patient relationship. Information on this web site is provided for informational purposes only and is not a substitute for professional medical advice. You should not use the information on this web site for diagnosing or treating a medical or health condition. You should consult a physician in all matters relating to your health, and particularly in respect to any symptoms that may require diagnosis or medical attention. Any action on your part in response to the information provided in this web site is at the reader's discretion. Readers should consult their own physicians concerning the information on this web site. EFX Performance Inc. makes no representations or warranties with respect to any information offered or provided on or through the EFXUSA.COM web site regarding treatment, action, or application of medication. EFX Performance Inc. is not liable for any direct or indirect claim, loss or damage resulting from use of this web site and/or any web site(s) linked to/from it.

ATTENTION. The health information contained herein is provided for educational purposes only and is not intended to replace discussions with a health care provider. EFX Holographic Technology is not a medical device, nor is it intended for use in the diagnosis, cure, treatment, or prevention of disease. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding wearing EFX or medical condition.

Disclaimer. ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. EFX DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. EFX DOES NOT WARRANT THAT THE CONTENT OF THIS WEB SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability. EFX AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

User Conduct. You shall not in any manner: (i) distribute, use or make copies of, or otherwise duplicate any materials contained on the Website, except as expressly authorized under these Terms or authorized by EFX; (ii) make the Website, or any Materials contained on the Website, available to any unauthorized third party; (ii) sell, loan, rent, lease, re-license, sublicense, transmit, distribute, re-distribute, or timeshare the Website, or create any Internet "link" to the Website without prior express written authorization from EFX, or "frame" or "mirror" the materials or services contained on or accessible from the Website on any other server or Internet-based device; (iii) cause or permit the reverse engineering, disassembly, decompilation of, or any other attempt to derive any software comprising or available through the Website, except to the extent permitted by law; or (iv) remove, alter, amend, or otherwise tamper with any titles, trademarks, copyright, restricted rights notices, or other proprietary rights legend, or any license agreement, included or provided with the Website. In addition, without limitation, You agree not to use the Website: (a) to harvest, collect, gather or assemble any Materials for other than internal, noncommercial use; (b) to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) to transmit or post any material or information which is unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable; (d) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including any patent, trademark, copyright, trade secret, or right of publicity; (d) to transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (e) to interfere with or disrupt servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (f) to attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; or (g) to harass or interfere with another user's use and enjoyment of the Website.

IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A CORPORATION OR OTHER LEGAL ENTITY, OR ACCESSING OR USING THIS WEBSITE AS PART OF YOUR DUTIES AS AN EMPLOYEE OF A CORPORATION OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT TO EFX THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH CORPORATION OR LEGAL ENTITY AND TO BIND THE SAME TO THESE TERMS AND ALL OBLIGATIONS ARISING HEREUNDER. ALL RIGHTS AND LICENSES GRANTED HEREUNDER ARE PERSONAL TO YOU AND SHALL NOT INCLUDE ANY RIGHT TO GRANT SUBLICENSES TO ANY THIRD PARTY EXCEPT AS EXPRESSLY SET FORTH HEREIN.

User Accounts. You may be granted permission to establish, access and use an account on this Website containing your preferences and other materials ("Your Account"). The permission to establish Your Account is personal to you and Your Authorized Users, and cannot be shared with or otherwise used by any other individual or entity. You hereby represent and warrant that all information provided EFX in registering for Your Account is current, complete and correct, and that you will promptly update such information following any change which renders it incomplete or incorrect. EFX may refuse to open, permit access to, or terminate Your Account if we suspect any information provided by You or any Authorized User is untrue, inaccurate, incomplete, not current, or misleading. EFX may place restrictions on the types and amounts of information stored in Your Account.

Links to Other Materials. Any linked sites contained herein are not under the control of EFX and EFX is not responsible for the contents of any linked site or any link contained in a linked site. EFX reserves the right to terminate any links or linking program at any time. EFX does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any third party sites linked to this web Website, you do this entirety at your own risk.

Applicable Laws and Export Control. EFX controls and operates this Website from its location in the United States. All content and materials of this Website are protected by copyrights, trademarks or other proprietary rights of EFX or their respective owners as well as under any applicable laws and United States Government export control regulations. These terms of use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. EFX makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export any material within this Website in violation of the U.S. Department of Commerce Export Administration Regulations or other requirements of the U.S. Government regulating the export of such information. You agree that (i) you are not listed on the US Commerce Departments Table of Denial Orders, or otherwise denied the privilege of participating in transactions involving the export of US origin products and services; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or the Taliban Occupied Part of Afghanistan); (iii) You are not engaged, directly or indirectly, in the design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missiles: and (iv) you shall not knowingly export or reexport, (as defined in Part 779 of the Export Administration Regulations) directly or indirectly, to any country any of the information contained herein (or any product, technical data, or service resulting directly therefrom) without first having obtained all necessary approvals thereof.

U.S. Government Restricted Rights. If the right to use this Website is acquired under the terms of: (i) a Department of Defense contract: the Government's rights to use, modify, reproduce, release, perform, display or disclose the Website or accompanying documentation are subject to the terms and restrictions set forth herein pursuant to 48 CFR 252.227.7202-3 or its successor; (ii) a Civilian agency contract: the Government's rights to use, modify, reproduce, release or disclose the Website or accompanying documentation are subject to the restrictions of paragraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.227-19 or its successor. Contractor/Manufacturer is EFX USA., a Delaware corporation located at 120 San Gabriel Drive, Sunnyvale, California 94086 U.S.A.

USE OF EFX PRODUCTS IN MEDICAL AND AIRCRAFT OR OTHER TRANSPORTATION SYSTEMS. EFX Products are not authorized for use in, or in connection with Surgical implants, or as critical components in any medical, or aircraft, or other transportation devices or systems where failure to perform can reasonably be expected to cause significant injury to the user, without the express written approval of an Executive Officer of EFX. Such use is at Buyer's sole risk, and Buyer is responsible for verification and validation of the suitability of Products incorporated in any such devices or systems. Buyer agrees that EFX is not liable, in whole or in part, for any claim or damage arising from such use and shall have no obligation to warranty such Products. Buyer agrees to indemnify, defend and hold EFX harmless from and against any and all claims, damages losses, costs, expenses and liabilities arising out of or in connection with Buyer's use of EFX Products in such applications to the extent Buyer has not obtained the express written approval of an Executive Officer of EFX.

COMPLIANCE WITH U.S. EXPORT REGULATIONS. EFX Products (including samples) are subject to the export control laws and regulations of the United States and to the laws and regulations of the country in which the Products are received. Products may not be sold, leased or otherwise transferred to restricted end-users or countries. Buyer hereby agrees to comply with all applicable export control laws and regulations and will not use or export EFX Products, directly or indirectly, in violation of these laws.