Terms & Conditions

Terms of Use

PLEASE READ THE TERMS OF USE BEFORE USING OR ACCESSING ANY PAGES OF THIS WEBSITE. The Terms of Use outlines your rights and obligations when using or accessing any websites owned or controlled by EFX Performance, Inc. ("EFX"), including the websites of any subsidiaries and/or affiliates which link to this Terms of Use (collectively referred herein to as "EFX Websites"). We recommend you review our Privacy Policy, which outlines our obligations and practices when handling any personal information you may provide to EFX. Acceptance of Terms. We recommend you carefully read this Terms of Use before using or accessing the EFX Websites because your use or access of the EFX Websites indicates your understanding, acknowledgement and agreement to be bound by these terms and conditions. If you do not agree to all of the terms and conditions contained herein, you should not access any EFX Website and you should not use any content or services offered therein. Your use of any EFX Website is expressly conditioned upon your agreement to all of these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by EFX, acceptance is expressly limited to these terms. EFX reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice. Revisions to Terms of Use. We may revise the Terms of Use at any time and from time to time; the most current version will always be available on the EFX Website. If we believe, in our sole opinion, that revisions to the Terms of Use constitute a material change, we will post an announcement to that effect on the EFX Website. It is your responsibility to review the Terms of Use and your use of the EFX Website after any revision constitutes your acceptance of the revised Terms of Use. Proprietary Notices, Copyrights and Trademarks. The EFX Website contains proprietary notices, copyrights and trademarks. The EFX Website and all content in this site is owned by EFX, or used by EFX with the express consent of the copyright holder. Therefore, the EFX Website and its content may not be copied, reproduced, republished, revised, modified, uploaded, posted, transmitted, distributed, or used without EFX's prior written consent, except with respect to personal use, where such content may be displayed solely on your private, personal computer and for your personal and non-commercial use provided you do not modify the content or remove any copyright, trademark, or other proprietary notices contained therein. Notwithstanding anything contained hereinto the contrary, any material which may be made available for download, access, or other use through the EFX Website and which has its own license terms, conditions, and notices will be governed by those terms, conditions, and notices. Trademarks. The names and logos, all related products and service names, design marks and slogans are trademarks, service marks, or registered trademarks wholly owned and controlled by EFX and may not be used in any matter without the prior written consent of EFX: EFX" EFX PERFORMANCE"

Any other product, service marks or trademarks are the sole property of their respective owners and are used in the EFX Website with the express permission of such owners. Description of Services. Subject to your full and complete compliance with the Terms of Use, EFX and/or EFX Websites may offer you certain services, programs, content (including, without limitation, articles, interviews, news, video, audio, photographs, graphics, images, research and/other information, and user comments) (collectively, the "Services"). EFX may, in whole or in part, modify, delete, suspend, withdraw or discontinue any Services, for any reason, at any time. EFX may also impose limits or restrictions on your ability to use or access the Services, in whole or in part, at any time and without any prior notice to you. Services are available only to individuals who are at least thirteen (13) years old. If you are under thirteen (13) years old, do not attempt to register or use the Services. User Accounts. You may be granted permission to create a "user account" on the EFX Website containing your preferences and other materials ("User Account"). The permission to establish a User 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 to EFX in registering a User 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 a User Account if we suspect any information provided by you or any authorized sser is untrue, inaccurate, incomplete, not current, or misleading. EFX may place restrictions on the types and amounts of information stored in a User Account. User Conduct. We expect you, while using the EFX Website and the Services, to be respectful of others. Your use, and continued use, is predicated upon your agreement to use the Services as permitted by the terms of the Terms of Use and not for any unlawful or unethical purpose, or any purpose not reasonably intended by EFX, whether or not specifically outlined in the Terms of Use. Although we reserve the right to monitor any and all postings on the EFX Website, we have no obligation to do so. To report Terms of Use abuse, please email us at XXX@efxusa.com with complete details of the purported abuse.
While using the EFX Website and/or Services, you agree that you will:

1. NOT select or use as user identification (i) the name of any other person with the intent to impersonate that person or (ii) a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel user identification at our sole and absolute discretion;
2. NOT embarrass, abuse, harass, threaten, impersonate or intimidate any EFX Website user;
3. NOT post, transmit or submit content which may be considered libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
4. NOT post, transmit, or submit stories or comments which contain any form of solicitation, business opportunity or product offer, including, without limitation, links to multi-level marketing schemes;
5. NOT post, transmit or submit content which may be considered to contain homophobic statements, ethnic or racial slurs, political statements or messages of any kind, including religious intolerance;
6. NOT post, transmit or submit content which violates or may violate the copyright of another;
7. NOT use the Services for any illegal, immoral or unauthorized purpose, including but not limited to (i) distributing, using or make copies of, or otherwise duplicating any materials contained on the EFX Website; (ii) make the EFX Website, or any materials contained thereon, available to any unauthorized third party; (iii) sell, loan, rent, lease, re-license, sublicense, transmit, distribute, re-distribute, or timeshare the EFX Website, or create any Internet "link" to the EFX Website without prior express written authorization from EFX, or "frame" or "mirror" the materials or services contained on or accessible from the EFX Website on any other server or Internet-based device;
8. NOT post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any EFX Website user;
9. NOT create or submit unwanted email ("Spam") to EFX, EFX Website or any EFX Website user;
10. NOT violate any local, state, federal or international laws (including, without limitation, copyright laws) which may be applicable to you and your use of the Services;
11. NOT use, with the exception of accessing any so-called RSS feeds, any automated method or means (including robots, spiders and scrapers) to access all or any portion of the EFX Website for any purpose whatsoever without EFX's prior and express written permission;
12. NOT (i) take any action, which, in our sole discretion, imposes or may impose, an unreasonable or disproportionate load on EFX Website's infrastructure; (ii) interfere or attempt to interfere with the proper working of the EFX Website or any Services offered therein; or (iii) circumvent any security features, actions or measures designed to prevent or restrict access to the EFX Website and/or Services;
13. NOT use the EFX Website or Services on behalf of, or at the request or instruction of, any other party for any purpose whatsoever;
14. NOT 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 EFX Website. Links to Other Materials. It is understood that EFX is not responsible for any content or the appropriateness of any content contained on any sites which are or may be linked to the EFX Website and which are not owned or controlled by EFX. EFX reserves the right to terminate any links or linking program at any time. EFX does not endorse the companies or the products or services of any companies to which the EFX Website may be linked and reserves the right to note as such on the EFX Website. If you elect, in your sole discretion, to access any third party sites linked to the EFX Website, you do so at your own risk.

Intellectual Property Rights Infringement. EFX will promptly respond to all claims alleging its intellectual property rights infringement, investigate all such alleged infringements and take all reasonable, necessary and appropriate actions to protect and defend its intellectual property rights and/or comply with applicable intellectual property laws, including, without limitation the Digital Millennium Copyright Act and other applicable intellectual property laws. EFX may, at its discretion, remove all or a portion of the Services or disable links to the Services which may be the subject of alleged intellectual property rights infringement. Further, EFX may terminate access to any user who posts, transmits or submits any content which infringes any intellectual property rights or violates any applicable intellectual property laws. Notifying EFX of Intellectual Property Rights Infringement: To notify EFX of alleged intellectual property rights infringement, send an email to XXXXXX@efxusa.com or a letter to our corporate offices, which contains the following (in compliance with the Digital Millennium Copyright Act):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the EFX Website are covered by a single notification, a representative list of such works on that particular EFX Website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit EFX to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including, without limitation, costs and attorneys' fees) if you misrepresent that an activity is infringing your intellectual property rights.

Privacy Policy. We recommend you review our Privacy Policy, which outlines our obligations and practices when handling any personal information you may provide to EFX. Our Privacy Policy is located on the EFX Website. Indemnity. You agree to indemnify and hold harmless EFX, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the EFX Website or use of any of the Services, violation by you of the Terms of Use, or infringement by you, or any third party using your account and/or EFX Website User ID, of any intellectual property or other right of any person or entity. Warranty Disclaimer. You acknowledge that EFX has no control over, and no duty to take any action regarding: (i) which users gain access to the EFX Website or use Services; (ii) what effects the content may have on you; (iii) how you may interpret or use the content; or (iv) what actions you may take as a result of having been exposed to the content. You hereby release EFX from any and all liability for your use of the EFX Website and any content which you may or may not have acquired or accessed through the EFX Website or through the Services. The EFX Website and/or Services may contain or may direct you to sites that may contain information that some people may find offensive or inappropriate. EFX makes no representations or warranties concerning any content in or accessed through the EFX Website or Services, and EFX is not responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the EFX Website or the Services. Medical Disclaimer. The Services, including without limitation any content, available on or through the EFX Website is intended solely for information purposes and is not intended to contradict, substitute or replace the advice or services of a medical professional, nor does it constitute a doctor-patient relationship. You should not use any Services, including without limitation any content, available on or through the EFX Website to diagnose or treat any medical or health condition. We urge you to consult a medical professional in matters relating to your health. Any action on your part in response to the Services, including without limitation content, available on or through the EFX Website is at your sole risk and discretion. EFX makes no representations or warranties with respect to any Services, including without limitation content, available on or through the EFX Website regarding any treatment, action or application of any medication. EFX is not liable for any direct or indirect claim, loss or damage resulting from your use of the EFX Website.

ATTENTION Any health information available on or through the EFX Website is provided for educational purposes only and is not intended to replace discussions with a health care professional. EFX Products and any product containing EFX Holographic Technology is not a medical device, nor is it intended for use in the diagnosis, cure, treatment, or prevention of any illness, injury or disease. You should always seek the advice of a medical professional with any questions you may have about any EFX Product or any medical condition. General Disclaimer. ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS EFX 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, 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. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THEREFORE SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU DEPENDING UPON YOUR STATE OR COUNTRY. Limitation of Liability. EFX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE EFX WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, INCLUDING EFX'S PRIOR KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGE OCCURING. 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. Applicable Laws and Export Control. EFX controls and operates the EFX Website from a location within the United States. All content and materials of the EFX Website are protected by copyrights, trademarks or other proprietary rights of EFX or their respective owners as well as under any applicable laws and governmental export control regulations of the United States. EFX makes no representation that any Services, including without limitation any content, available on or through the EFX Website are appropriate or available for use in any or all locations outside the United States, and accessing them from territories where the content may be deemed to be illegal is prohibited. Your access of the EFX Website is on your own initiative and you are responsible for compliance with any applicable local laws. Notwithstanding anything contained herein to the contrary, you may not use or export any Services, including without limitation any content, available on or through the EFX Website in violation of the U.S. Department of Commerce Export Administration Regulations or other regulations relating to the export of any such Services, including without limitation any content. You agree (i) you are not listed on the U.S. Commerce Department's Table of Denial Orders, or otherwise denied the privilege of participating in transactions involving the export of U.S. origin products and services; (ii) you are not located in a country that is subject to embargo by the U.S. (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 Services, including without limitation any product, technical data, or service resulting directly there from, without first having obtained all necessary approvals thereof. 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. Such use is at your sole risk, and you are responsible for verification and validation of the suitability of EFX Products incorporated in any such devices or systems. You agree 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 product. You agree 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 you use of EFX Products in such applications to the extent you have not obtained the express prior and written approval of an executive officer of EFX. Compliance with U.S. Export Regulations. Any and all 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. You hereby agree 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. Miscellaneous. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind EFX in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. EFX shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond EFX's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable or transferable and may not be sublicensed by you except with EFX's prior written consent. EFX may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Orange County and the United States District Court for the Central District of California. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use. If EFX reasonably believes you have breached or failed to comply with any of the terms and conditions of the Terms of Use or any other terms, conditions, and notices set forth on the EFX Website, EFX may automatically and immediately terminate or suspend any rights granted to you, including access to the EFX Website, without any prior notice. In the event such termination or suspension occurs, you must immediately destroy any and all copies of any materials downloaded from the EFX Website which are in your possession or control. Except as otherwise set forth in the Terms of Use to the contrary, no express or implied rights or licenses have been granted to you in connection with any patents, trademarks, copyrights, or other proprietary or intellectual property. If you wish to terminate your EFX account, you may do so by simply discontinuing use of the Services. All of the provisions of the Terms of Use shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.