TERMS OF USE

These Terms govern your use of Energize Marketing’s website and services.

These Terms of Use (collectively, the “Agreement”) govern your (“you”, “your”) use of any webpages or related content, functionality, or software (collectively, the “Website”) provided to you by Energize Marketing, LLC and its Affiliates (collectively, “Energize”, “we”, “us”, or “our”). By using the Website, indicating your acceptance of this Agreement, or by continuing your use of the Website after being notified of the terms of this Agreement or any changes thereto, you hereby agree to be bound by this Agreement for as long as you use the Website. You hereby acknowledge and agree that you have reviewed this Agreement.

Your use of the Website is also governed by our Privacy Policy →

Learn more about our security, privacy, and compliance practices in our Trust Center →

The Website may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We reserve the right, in our sole discretion, to modify, suspend, or discontinue the Website, in whole or in part, at any time.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 12 BELOW WHICH SHALL APPLY TO YOU WHEN YOU USE OR ACCESS THE WEBSITE. BY AGREEING TO THE ARBITRATION CLAUSE, YOU WAIVE ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN BELOW CERTAIN EXCEPTIONS AND HOW YOU CAN OPT-OUT OF ARBITRATION.

AGE RESTRICTION: BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EITHER EIGHTEEN (18) YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS OLDER.

1. DEFINITIONS

“Affiliate” means any entity controlling, controlled by, or under common control with a party, where “control” is defined as: (a) the ownership of at least fifty percent (50%) of the equity or beneficial interests of the entity; (b) the right to vote for or appoint a majority of the board of directors or other governing body of the entity; or (c) the power to exercise a controlling influence over the management or policies of the entity.

“Intellectual Property” means any and all common law, statutory and other industrial property rights, including copyrights, trademarks, trade secrets, patents, and other proprietary rights.

2. SERVICES

2.1 Access. Energize grants you a nonexclusive, non-assignable, revocable right to access the Website.

2.2 Account Registration. You must provide accurate information and maintain the security of your account credentials. Energize retains full ownership of all accounts.

3. RESTRICTIONS

3.1 Restrictions on Use. You may not misuse, copy, disrupt, or attempt unauthorized access to the Website.

3.2 Code of Conduct. You must comply with all applicable laws and not engage in harmful, unauthorized, or disruptive behavior.

4. INTELLECTUAL PROPERTY MATTERS

4.1 Ownership. Energize owns all rights to the Website and associated content.

4.2 Feedback. Any feedback provided becomes the property of Energize.

4.3 Third Party Technology. Use of third-party tools is subject to their terms.

5. YOUR REPRESENTATIONS AND WARRANTIES

You agree to comply with all applicable laws and confirm you have authority to accept this Agreement.

6. TERMINATION

Energize may terminate access at any time. Upon termination, access and related rights are revoked.

7. MODIFICATION OF TERMS

We may update these Terms at any time. Continued use indicates acceptance.

8. WARRANTIES

8.1 Warranty Disclaimer. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. ENERGIZE DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

While we implement administrative, technical, and physical safeguards designed to protect information, no system can be guaranteed to be completely secure.

9. LIMITATION OF LIABILITY

ENERGIZE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE WEBSITE.

10. INDEMNIFICATION

You agree to indemnify Energize against claims arising from your use of the Website or violation of these Terms.

11. GENERAL PROVISIONS

Assignment, severability, and governing law provisions apply. This Agreement is governed by the laws of New York, United States.

12. BINDING INDIVIDUAL ARBITRATION

All disputes must be resolved through arbitration under JAMS rules, unless properly opted out within 30 days.

13. CONTACT INFORMATION

If you have any questions, please contact:

privacy@energize-marketing.com

Energize Marketing

1350 Avenue of the Americas
Floor 2-1118
New York, NY 10019