Welcome to EMFRocks.com and thank you for being a loyal consumer of our brand and products. This website, its associated services, and content (collectively “Website”) is a service that is owned and operated by EMF Rocks, LLC dba (“EMFrocks.com”).  emfrocks.com (EMF) has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

EMF may, from time to time, and reserves the right to within its sole and absolute discretion, change, modify, discontinue, limit or replace any part of the website. It is the consumers' responsibility to review this agreement on a regular basis to be stay informed of any updates.

You the customer, warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement.  If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

2. No Medical Advice

Specifically, you are prohibited from, without limitation:

1. Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website;
2. Suggesting an affiliation with or endorsement by EMF;
3. Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;
4. Promoting an illegal or unauthorized copy of another person’s copyright-protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices;
5. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
6. Circumventing EMF’s technological or security protection mechanisms;
7. Using a script, robot, spider, scraper, or other automated technology to access the Website;
8. Attempting to gain access to the private data or personal information of a user of the Website or a third party;
9. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
10. Harassing and/or stalking a third party through your use of the Website;
11. Impersonating another or creating multiple alias accounts;
12. Using the Website in furtherance of any unlawful sexual solicitation;
13. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
14. Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
15. Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually-oriented, racially offensive, or otherwise harmful;
16. Posting or transmitting content that incites any illegal activity;
17. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
18. Posting or transmitting content that violates any term or condition of this Agreement; or
19. Posting or transmitting content, or using the Website in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international.

Your violation of any term or condition of this section may result in the immediate termination of your Member Account and the disabling of your access to the Website.

9. Section 230 of the Communications Decency Act

You acknowledge and agree that EMF is an interactive computer service provider under Section 230 of the Communications Decency Act. Though EMF may edit, remove, or control the content displayed through the Website, you agree that EMF will not be considered an information content provider for any User Generated Content or third party content and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise. EMF may, within its sole and absolute discretion, remove any User Generated Content, including, without limitation, workout videos and articles for any reason and for no reason at all.

10. Privacy Policy

GB hereby incorporates its Privacy Policy into this Agreement. See Below.

11. Copyright Policy

EMF’s Website and its associated content and services are © 2016 EMFROCKS.com.

EMF respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of EMF as owner or authorized licensee and are protected by copyright and other intellectual property laws. By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

If you believe that a user of EMF’s Website has infringed upon your copyright rights, please provide EMF with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once EMF receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. EMF will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to EMF with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:

1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work(s) alleged to have been infringed;
3. The location of the copyrighted work(s) on the Website;
4. Your contact information, such as an address, telephone, fax number, or email address;
5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

1. Identification of the specific materials that have been removed from the Website;
2. Your contact information, such as an address, telephone, fax number, or email address;
3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in California;
5. A statement that you will accept service of process from the notifying party; and
6. Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to Info@EMFROCKS.com 3151 Airway, Ste. U3, Costa Mesa, CA 92626.

12. Disclaimer of Warranties

EMF DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR GOODS SOLD THEREON AND SERVICES OFFERED THEREIN.  EMF PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

EMF WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY USER-GENERATED OR OTHER CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. GB DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. GB RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

13. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT EMF WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT EMF CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR ANY SERVICE PROVIDED THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO EMF FOR THE WEBSITE AND/OR MEMBER ACCOUNT, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

14. Indemnification

15. Assignment

You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. EMF may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transactions involving the Website.

16. Resolution of Disputes

This Agreement will be interpreted under and governed by the laws of the State of California without giving effect to any conflicts of laws principles.

YOU AND EMF AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN CALIFORNIA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND EMF AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF CALIFORNIA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND EMF AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

17. Miscellaneous Provisions

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

This Agreement, the Privacy Policy, the Copyright Policy, and the Shipping Policy, all incorporated by reference, constitute the entire agreement between you and EMF with respect to the Website and your relationship with EMF. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind EMF.

The Website is not directed to persons under the age of eighteen (18) and EMF will not knowingly collect personally identifiable information from children under the age of eighteen (18). If EMF inadvertently collects personally identifiable information, EMF will delete the personally identifiable information in accordance with its security protocols.

EMF AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

All rights not expressly granted herein are reserved to EMF.

20. Notice

Any notice required under this Agreement must be made in writing to Go Beyond Summit. Info@Emfrocks.com 3151 Airway, Ste. U3, Costa Mesa, CA 92626. 949.933.0012

Prop 65 Disclaimer

To our valued customers in California, in compliance with Prop 65 legislation that purports to limit consumer exposure to certain chemicals, EMF has placed the following Prop 65 Warning on a selection of products sold in California:

WARNING: Some sourced ingredients contain naturally occurring lead and/or cadmium, which are known to the State of California to cause birth defects or other reproductive harm.

Lead and cadmium are naturally-occurring minerals found in the earth’s soil, rivers, streams, and sources of drinking water and can sometimes occur in plant-based food ingredients. Due to our sourcing of 100% natural ingredients, some of EMF’s products contain trace amounts of many minerals and metals, including lead and cadmium. California, pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”) has established a Maximum Allowable Dose Level (MADL) for the lead at 0.5 mcg per day, and for orally consumed cadmium at 4.1mcg per day. One recommended serving of this product contains lead and/or cadmium at levels at or slightly above these levels. None of EMF’s products aside from the list above contains more than 0.5 mcg of lead or more than 0.5 mcg of cadmium in a single serving.

EMF takes pride in the quality of its products and we are committed to the health and safety of our customers. We are confident in our products and firmly believe that the trace amounts of naturally occurring lead and cadmium that may be present do not present any risk to our consumers’ health.

EMF, our families, and friends use these products, just as you do. EMF is committed to continue sourcing only the purest wholesome ingredients and provide cutting edge products tested and analyzed for premium quality and nutritional integrity.

PRIVACY

1. EMF may collect the following personal information from you:

1. First and last name;
2. Company name;
3. Phone number;
4. Address;
5. Email address;
6. Payment information, including, without limitation, credit/debit card or other payment information;
7. Any information that you voluntarily submit to the Website, without limitation, information associated with your social media accounts; and
8. Other required Member Account or other information to access and use the Website

2. EMF may also collect the following additional personally identifiable information from you:

1. Your IP address;
2. Your browser and search engine information;
3. Your visitor history;
4. Your usage of the Website, including, without limitation, any links or items clicked or pages viewed and statistics;
5. Information stored in cookies, pixel tags, or web beacons;
6. Analytic data from Google Analytics; and
7. Any other additional analytic data that you voluntarily submit to the Site.

EMF may collect this personal information from you through various channels, including, but not limited to, through your voluntary submission of information to the Website, through requests initiated by you through the Website, through communication with third parties, through the collection and analysis of information concerning your computer and browsing activities, through the use of cookies, web beacons, pixel tags, Google Analytics, and through other sources permitted by law.  Cookies are small files that are transferred to your computer’s hard drive through your web browser that allow the Website to recognize your browser and capture and remember certain information.  EMF uses cookies for account administration as well as to understand and save your account preferences for future visits.

3.  EMF uses this personal or personally identifiable information in the following ways:

Provide you with the Website and customize the content and/or layout of the Website for individual visitors, communicate with you, identify and fix problems with the Website, update you on changes to the Website, communicate with you concerning your account and to respond to any of your inquiries and/or other requests, to complete a transaction you initiated and to process payment for any transaction, and to update you on GB’s services offered through the Website or the services of third parties.  GB may also use your information to send you targeted email or other communications concerning its products and/or services.

EMF may also further inform you, before or at the time of collecting personal information, about the purposes for which your information is being used.

4. EMF stores your personal or personally identifiable information in the following manner:

Your personal or personally identifiable information is stored and processed on computers in the United States and, through your use of the Website, you unequivocally consent to the processing and storage of your personal and personally identifiable information within the United States.  You understand and agree that EMF may continue to store your information after you cease the use of the service or disable your account.

EMF uses commercially reasonable and standard technology to help prevent the unauthorized disclosure of your personal or personally identifiable information.  Though we undertake commercially reasonable efforts to protect your personal and personally identifiable information, no website or online service is completely safe.   Accordingly, you provide all such personal or personally identifiable information at your own risk.

5. may share your personal or personally identifiable information with third parties in the following circumstances:

1. Where EMF has obtained your consent, including when you voluntarily direct or permit GB to share your information with other users;
2. Where sharing or disclosure of your personal or personally identifiable information is necessary to provide you with the Website and/or associated products and services (We may share your personal or personally identifiable information with trusted third parties who assist us in operating the Website, providing the associated services, and conducting our business, but we require such trusted third parties to agree to keep your information confidential.);
3. Where sharing or disclosure of your personal or personally identifiable information is necessary to share personal or personally identifiable information with EMF’s parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners;
4. Where EMF has been purchased by a third party;
5. Where sharing or disclosure of your personal or personally identifiable information is necessary to respond to requests by government authorities;
6. Where your personal or personally identifiable information is demanded by a court order or subpoena;
7. Where sharing or disclosure of your personal or personally identifiable information is needed to protect the employees, independent contractors, officers, directors, members, users, or owners/shareholders of EMF;
8. Where sharing or disclosure of your personal or personally identifiable information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty; and
9. Where EMF is otherwise legally obligated to share your personal or personally identifiable information.

You understand and agree that EMF may specifically share some of your information with payment processors in order to complete the services offered through the Website.

You acknowledge that your Member Account may be visible to other users.  You may delete any information from your profile with the exception of your first and last name and your email address.  However, you may make your email address non-visible to other users.

6. Purchase or sale of the Website, associated services, or other assets:

EMF may purchase other businesses or sell components of its business, including, but not limited to, the Website and associated services.  In the event, EMF purchases another business or sells any component of its business, your personal and personally identifiable information will continue to be used consistent with the terms of this Privacy Policy.

7. You may stop EMF from collecting your personal or personally identifiable information by:

Adjusting your web browser settings, limiting cookies, terminating your account, or by ceasing your use of the Website.  Please note that it is possible that some areas of the Website will not function properly when you view them if you adjust your web browser settings to limit cookies.  You will be unable to register an account or to purchase products and services through the Website.  EMF’s goal in using cookies is to make your experience with EMF and the Website more convenient and personalized.

EMF does not honor Do Not Track browser signals.

You may contact EMF with any requests regarding your information, including requests to correct inaccuracies, by writing to us or emailing us at the addresses below.  EMF reserves the right to act or not act upon such requests. You may also opt-out of receiving certain email communications by writing to EMF or emailing us at the addresses below or by following an Opt-Out link provided in any such communication.

8. When using the Website, you are obligated to:

Inform EMF of any changes to your personal or personally identifiable information and protect the security of your Member Account.

9. California Residents

California residents have the right to receive information that identifies any third party companies or individuals that EMF has shared your personal information within the previous calendar year, as well as a description of the categories of personal information disclosed to that third party. You may obtain this information once a year and free of charge by contacting EMF at the address below.

10. Children’s Online Privacy Protection Policy 

The Website is not intended for or directed to users under the age of eighteen (18). EMF is in compliance with the requirements of the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, and does not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors.  If you are concerned that personal information may have been inadvertently provided to or collected by EMF, please contact us immediately so appropriate steps may be taken to remove such information from EMF’s database.

11. Third-party links

EMF may include or offer third-party products or services on the Website and provide third party links to the same.  These third-party websites have separate and independent privacy policies.  EMF has no responsibility or liability for the content and activities of such third parties and their websites.  We encourage you to read carefully the privacy policies of all such third party websites.  We seek to protect the integrity of the Website and therefore welcome any feedback about any such third party websites.