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Terms of Service

TERMS OF SERVICE, PRIVACY, COOKIE & REFUND POLICY


Last Updated: August 11, 2026

 

Company: Natural Energy System LLC


These Terms of Service, Privacy, Cookie & Refund Policy (“Terms”) govern your access to and use of websites, applications, platforms, software, digital products, educational resources, courses, communities, services, content, and related offerings (collectively, the “Services”) provided by Natural Energy System LLC (the “Company,” “we,” “us,” or “our”) . By accessing or using the Services, creating an account, submitting information, purchasing a product or service, or otherwise interacting with the Services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, do not access, purchase, or use the Services.


1. Eligibility and Acceptance


You may use the Services only if you are legally capable of entering into a binding agreement or your use is appropriately authorized by a parent, legal guardian, school, organization, employer, or other authorized party, as applicable.

Our courses, cohorts, workshops, memberships, coaching offerings, and other educational or training programs (collectively, "Programs") are currently available only to individuals who are at least eighteen (18) years old. By applying for, enrolling in, purchasing, accessing, or participating in a Program, you represent and warrant that you are at least eighteen (18) years old. If you are under eighteen (18), you may not enroll in, purchase, access, or participate in a Program.


By using the Services, you represent that the information you provide is accurate and current, you have authority to agree to these Terms, and your use complies with applicable law. If you use the Services on behalf of an organization, you represent that you have appropriate authority to act for that organization.


Certain Services may be governed by additional policies, contracts, order forms, institutional agreements, purchase terms, community rules, or supplemental terms. If supplemental terms conflict with these Terms, the supplemental terms control with respect to the applicable Service to the extent of the conflict.


2. Our Services


We may provide websites, software, technology, educational resources, digital products, courses, communities, communications, professional services, consulting, artificial intelligence tools, applications, platforms, and other offerings.


We may add, modify, improve, update, restrict, suspend, replace, or discontinue portions of the Services, subject to applicable contractual and legal obligations. We do not guarantee that any particular feature, product, integration, service, or functionality will remain available indefinitely.


3. Accounts, Access and Security


Certain Services may require an account. Access privileges are personal, revocable, non-transferable unless expressly authorized, and conditioned on compliance with these Terms.

  • Provide accurate and current account information.

  • Maintain the confidentiality of login credentials and use reasonable security measures.

  • Do not knowingly permit unauthorized persons to use your account.

  • Promptly notify us of unauthorized access or a security issue involving your account.

  • You are responsible for activity occurring through your account to the extent permitted by applicable law.

4. Acceptable Use and Community Standards


You agree to use the Services only for lawful and authorized purposes. We may remove or restrict content or activity that violates these Terms, applicable community rules, law, card-network requirements, or the rights or safety of others.

  • Do not violate applicable laws or regulations or promote illegal activity.

  • Do not infringe intellectual property, privacy, publicity, contractual, or other rights.

  • Do not impersonate another person or misrepresent identity, affiliation, credentials, results, or endorsements.

  • Do not transmit malware, malicious code, or harmful technology.

  • Do not gain or attempt to gain unauthorized access to accounts, systems, networks, databases, or information.

  • Do not interfere with security, integrity, availability, or operation of the Services.

  • Do not circumvent access controls, technical restrictions, security measures, payment systems, or fees.

  • Do not scrape, harvest, extract, compile directories from, or collect information through unauthorized automated means.

  • Do not use bots or automated systems except as expressly authorized.

  • Do not threaten, harass, exploit, defraud, abuse, discriminate against, or endanger another person.

  • Do not disclose another person’s private or confidential information without authorization.

  • Do not submit content you lack the right to provide.

  • Do not use the Services for deceptive, misleading, fraudulent, or unlawful commercial practices.

  • Do not make false or misleading earnings, educational, health, professional, or performance claims.

  • Do not materially interfere with another person’s use of the Services.

5. User Content and Community Content


You may submit, upload, transmit, create, store, publish, or otherwise provide information, documents, messages, community posts, comments, assignments, files, images, data, prompts, or other materials (“User Content”). You retain ownership of User Content to the extent you otherwise own it.


You grant us a limited, non-exclusive, worldwide license to host, store, reproduce, process, transmit, display, moderate, and otherwise use User Content as reasonably necessary to operate, secure, market, promote, use media in professional promotion, support, provide, and improve the Services, subject to applicable law and disclosed privacy practices.


You are solely responsible for your User Content and represent that you have all necessary rights and permissions to provide it. We may remove, restrict, disable, preserve, or disclose content when reasonably necessary to enforce these Terms, respond to legal process, protect rights or safety, investigate suspected violations, or comply with law.


6. Privacy and Personal Information


We collect and use Personal Information for purposes including providing, operating, maintaining, securing, supporting, analyzing, personalizing, and improving the Site and Services, communicating with users, processing transactions, and otherwise operating our business as described in these Terms.


By accessing or using the Site or Services, you acknowledge the collection and use of information in accordance with these Terms, subject to applicable law and applicable consent requirements.


6.1 Information Collection and Use


While using our Site or Services, we may ask you to provide personally identifiable information that can be used to contact, identify, authenticate, or provide Services to you (“Personal Information”).

  • Name, email address, telephone number, mailing or billing information.

  • Account, profile, registration, transaction, payment-related, and customer-support information.

  • Information submitted through forms, communications, User Content, and information voluntarily provided or provided with permission.

  • Other information reasonably necessary to provide, operate, secure, or improve the Services.

6.2 How We Use Information
 

  • Provide and improve the Site and Services.

  • Create and administer accounts and provide purchased products or services.

  • Process transactions and provide customer support.

  • Communicate with you and personalize aspects of the Services.

  • Maintain security and integrity and prevent fraud or abuse.

  • Analyze usage, performance, and technical issues.

  • Develop and improve products and Services.

  • Comply with applicable legal obligations and carry out other disclosed or permission-based purposes.

7. Log Data, Analytics and Third-Party Processing


7.1 Log Data


Like many website operators, we may automatically collect information that your browser, device, or application sends whenever you visit or interact with our Site or Services (“Log Data”).

  • Internet Protocol (IP) address, browser type and version, device type, and operating system.

  • Pages visited, features accessed, date and time of visits, time spent on pages or features, referring or exit pages, session information, error and diagnostic information, approximate location derived from technical data, and other usage statistics.

7.2 Analytics and Service Providers


We may use third-party services, including Google Analytics or similar analytics providers, to collect, monitor, measure, and analyze use of the Services. We may also use third parties for hosting, cloud infrastructure, payment processing, authentication, communications, customer support, security, fraud prevention, analytics, and marketing. These providers may maintain their own terms and privacy practices.


8. Cookies and Similar Technologies


Cookies are small data files that may include an anonymous or pseudonymous identifier and may be stored on your computer, mobile device, tablet, browser, or other device. We use cookies and similar technologies to support operation of the Services.

  • Essential cookies for authentication, session management, security, privacy preferences, payment functionality, fraud prevention, and core operation.

  • Functional cookies that remember settings and preferences.

  • Analytics and performance cookies that help us understand usage and improve performance.

  • Marketing or advertising technologies where applicable and permitted by law.

  • Similar technologies may include pixels, tags, local storage, session storage, software development kits, and device identifiers.

 

8.1 Managing Cookies

You may be able to refuse, delete, or restrict cookies through your browser or device. If you disable cookies, some portions of the Services may not function correctly. Where required by law, we may provide a cookie banner, consent-management tool, or similar mechanism for eligible non-essential cookies.

 

8.2 Privacy Preference Signals

 

We will recognize and process legally required browser-based privacy preference signals where applicable law requires us to do so.

 

9. Educational Services, Credentials and Professional Outcomes


The Services are offered as a private, independent learning program for informational and educational purposes. Unless we expressly state otherwise in a separate written agreement, the Company is not a college, university, school, licensed career school, or other accredited educational institution, and the Services are not represented as accredited education.


Participation does not confer academic credit, a degree, diploma, professional license, state authorization, certification, continuing-education credit, or any other recognized credential unless a particular offering expressly states otherwise in writing. References to courses, classes, students, instructors, teachers, certificates, learning, or education describe the format or purpose of an offering and do not imply institutional accreditation or governmental approval.


Educational content is intended to supplement, not replace, independent study, qualified instruction, professional judgment, institutional policies, or other educational resources. You are solely responsible for deciding whether an offering is suitable for you, completing your own work, following academic-integrity rules, and meeting any requirements imposed by a school, employer, licensing body, certification organization, or other institution.


Unless expressly agreed otherwise in writing, we do not guarantee grades, test scores, admissions, academic credit, certifications, licenses, employment, professional qualifications, earnings, business results, skill mastery, or any other educational or professional outcome. Requirements vary by jurisdiction and institution, and you are responsible for confirming whether a particular offering meets your needs.


10. Health, Wellness and Personal Responsibility Disclaimer


The Services may include general information or activities relating to health, wellness, mindset, stress management, personal development, nutrition, movement, or similar topics. This content is provided solely for general educational and informational purposes.
The Company, the Services, and Company personnel are not acting as your physician, nurse, psychologist, psychiatrist, therapist, dietitian, emergency provider, or other licensed healthcare professional. Nothing in the Services constitutes or should be relied upon as medical or mental-health advice, diagnosis, treatment, therapy, prescription, crisis intervention, or emergency care. No professional-patient or therapist-client relationship is created through your use of the Services.


You are responsible for your own health, safety, well-being, learning, decisions, actions, and results. You agree to use your independent judgment, consider your personal circumstances and limitations, and stop any activity that causes pain, illness, distress, or other adverse effects. Before changing treatment, medication, diet, exercise, sleep, or another health-related practice, consult an appropriately licensed professional who can evaluate your individual circumstances.


Do not disregard or delay seeking professional advice because of information provided through the Services. If you believe you are experiencing a medical or mental-health emergency, contact local emergency services or an appropriate crisis resource immediately. The Services are not designed to monitor emergencies or provide urgent assistance.


To the maximum extent permitted by applicable law, you voluntarily assume the ordinary risks associated with your participation and reliance on educational, wellness, or personal-development content. Nothing in these Terms waives liability or rights that cannot lawfully be waived, including liability that applicable law does not permit us to exclude.


11. Artificial Intelligence and Automated Services


Certain Services may incorporate artificial intelligence, machine learning, automated recommendations, generative technologies, or similar systems. AI-generated or automated outputs may be incomplete, inaccurate, outdated, or inappropriate for a particular purpose. You are responsible for independently evaluating important information before relying on it.


AI-generated information is not a substitute for qualified professional advice in legal, medical, financial, or other regulated fields. Processing and use of information submitted to AI-enabled features will be subject to these Terms, applicable agreements, disclosed privacy practices, and applicable law.


12. Communications and Marketing


We may use Personal Information to communicate with you regarding the Site, Services, products, purchases, accounts, customer support, security, and other matters related to your relationship with us. Where permitted by law and subject to applicable consent requirements, we may also send newsletters, marketing communications, promotional materials, product announcements, educational information, and offers.


You may unsubscribe from eligible marketing emails using the unsubscribe mechanism provided. Unsubscribing from marketing does not prevent necessary administrative, transactional, security, billing, account, or service-related communications.


13. Intellectual Property and Digital Content License


Except for User Content and third-party materials, the Services and associated software, technology, designs, interfaces, graphics, logos, trademarks, text, educational materials, content, databases, documentation, systems, templates, and other materials are owned by us or our licensors and may be protected by intellectual property laws.


Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services and purchased digital materials for their intended purpose. Purchasing access does not transfer ownership of the underlying intellectual property.

  • You may not resell, redistribute, publicly publish, sublicense, share unauthorized account access to, commercially reproduce, reverse engineer, or create unauthorized derivative works from protected materials unless expressly permitted by us or applicable law.

14. Copyright and Intellectual Property Complaints


We respect intellectual property rights. While we retain the right to use, alter, or modify content created while engaging with our programs, we respect and prioritize your privacy and consent to the best of our ability. If you believe content available through the Services infringes your copyright or other intellectual property rights, you may send a written notice to our designated contact at aetherickinesis@gmail.com with sufficient information to identify the protected work, the allegedly infringing material, your contact information, a statement of good-faith belief, and any other information required by applicable law.


We may remove or disable access to allegedly infringing material and may terminate repeat infringers where appropriate. Knowingly submitting materially false infringement claims may create legal liability.


15. Feedback


If you voluntarily provide suggestions, recommendations, ideas, comments, or other feedback concerning the Services (“Feedback”), you grant us the right to use that Feedback without restriction or obligation to you. Providing Feedback does not transfer ownership of your separately protected User Content or Personal Information.


16. Third-Party Services and Marketplaces


The Services may contain links to, integrate with, rely upon, or otherwise interact with third-party websites, applications, platforms, products, services, technologies, payment processors, app stores, or marketplaces. We do not control third-party services and are not responsible for their availability, content, security, privacy practices, terms, products, or conduct.
If you purchase through a third-party marketplace or payment platform, that provider's billing, cancellation, and refund rules may apply, and refund requests may need to be directed to that provider.


17. Purchases, Payments, Taxes and Promotions


Certain Services require payment. When purchasing, you agree to provide accurate billing information, pay the disclosed price and applicable taxes or charges, authorize us and our payment processors to process transactions, and review applicable purchase, subscription, and refund terms.


17.1 Failed Payments and Collections


If a payment method fails, is declined, expires, or your account becomes past due, we may suspend or restrict access, retry the payment, request an alternate payment method, or use lawful collection mechanisms. You remain responsible for amounts properly due.


17.2 Pricing Changes


Prices and available Services may change. Changes will not retroactively alter completed one-time purchases unless required by law or expressly agreed. Changes to recurring plans may take effect after notice as required by applicable law.
17.3 Taxes


You are responsible for applicable sales, use, value-added, goods-and-services, or similar taxes unless we are required to collect and remit them. Tax treatment may depend on your location and the nature of the product or service.


17.4 Promotional Offers
Discounts, trials, coupons, bundles, scholarships, promotional prices, or other special offers may be subject to separate eligibility requirements, expiration dates, quantity limits, or additional terms disclosed at the time of the offer. We may revoke or correct an offer where permitted by law if it was issued in error, obtained through abuse, or used contrary to its stated terms.


18. Refund and Cancellation Policy


18.1 No Refunds After Access or Services Rendered


ALL SALES ARE FINAL ONCE ACCESS TO A PRODUCT OR SERVICE HAS BEEN GRANTED OR THE PURCHASED SERVICE HAS BEEN RENDERED OR PERFORMANCE HAS BEGUN, EXCEPT WHERE A REFUND OR CANCELLATION RIGHT IS REQUIRED BY APPLICABLE LAW.


18.2 Customer Acknowledgment


By completing a purchase and receiving access, you acknowledge that you may receive immediate access; once access is granted, or performance begins, the purchase is final and non-refundable to the maximum extent permitted by law. Failure to use, complete, or benefit from a product or service, dissatisfaction, or a change in personal circumstances does not automatically create a right to a refund.


18.3 Cancellation Before Access


If you purchase a product or service but access has not yet been granted and performance has not begun, you may contact us to request cancellation. Any refund is subject to verification that access was not provided and services were not initiated.


18.4 Subscriptions


If we offer automatically renewing subscriptions, the price, billing frequency, renewal terms, and cancellation method will be disclosed at or before purchase. Unless canceled in accordance with applicable terms, subscriptions may automatically renew and your designated payment method may be charged. Cancellation prevents future renewals but does not provide a refund or credit for an already-paid period after access has been granted, except where required by law. Unless otherwise stated, access continues through the remainder of the paid billing period.


18.5 Duplicate and Unauthorized Charges


If you believe you were charged more than once for the same transaction or that a transaction was unauthorized, contact us promptly so the transaction can be investigated.


18.6 Non-Waivable Rights and Withdrawal Rights


Nothing in these Terms eliminates or restricts a refund, cancellation, withdrawal, warranty, or other consumer right that cannot legally be waived. Certain jurisdictions may provide statutory cooling-off or withdrawal rights for digital services; where applicable, those rights will be honored. Where legally permitted, requesting immediate performance or access may affect or end a statutory withdrawal right once performance begins or digital content is supplied with the required consent and acknowledgment.


19. Chargebacks and Payment Disputes


If you believe a billing error occurred, we encourage you to contact us before initiating a chargeback so we have an opportunity to investigate. Nothing in these Terms prevents you from exercising rights available through your payment provider or applicable law.
Fraudulent or abusive payment disputes may result in suspension or termination of access, subject to applicable law. We may preserve transaction, access, usage, and communication records reasonably necessary to respond to payment disputes.


20. Security


The security of your Personal Information is important to us. We strive to use reasonable and commercially appropriate administrative, technical, and organizational measures designed to protect Personal Information and maintain the security and integrity of the Services.
No method of Internet transmission, wireless transmission, or electronic storage can be guaranteed to be 100% secure. Although we take reasonable measures, we cannot guarantee absolute security. You are responsible for taking reasonable precautions to protect devices, passwords, authentication credentials, accounts, and information under your control.


21. Service Availability, Modifications and Geographic Restrictions


We work to provide reliable Services but cannot guarantee uninterrupted or error-free operation. The Services may be unavailable due to maintenance, upgrades, technical or third-party failures, security incidents, Internet or infrastructure outages, governmental restrictions, export-control requirements, geographic limitations, or circumstances outside our reasonable control.
We may establish reasonable limitations on access, storage, functionality, or usage when necessary to protect security, stability, availability, legal compliance, or integrity of the Services.


22. Suspension, Removal and Termination
You may stop using the Services at any time. We may suspend, restrict, remove content from, or terminate access when reasonably necessary, including where you violate these Terms, create a security or legal risk, engage in fraudulent or unauthorized activity, fail to pay amounts due, infringe rights, violate payment-provider rules, or where continued access could harm us, users, or third parties.
Where appropriate and reasonably practicable, we may provide notice before termination. Termination does not automatically create a right to a refund for products or services already accessed, initiated, or rendered. Provisions that by their nature should survive termination will survive.

23. Disclaimer of Warranties


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT USE OF THE SERVICES WILL PRODUCE ANY PARTICULAR EDUCATIONAL, FINANCIAL, PROFESSIONAL, BUSINESS, OR OTHER RESULT. Nothing in these Terms excludes rights that cannot lawfully be excluded.


24. Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR DECISIONS, ACTIONS, OMISSIONS, INJURIES, LOSSES, OR OUTCOMES ARISING FROM YOUR RELIANCE ON EDUCATIONAL, HEALTH, WELLNESS, PERSONAL-DEVELOPMENT, AI-GENERATED, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATING TO A PARTICULAR PAID PRODUCT OR SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THAT PRODUCT OR SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WHERE APPLICABLE LAW DOES NOT PERMIT A LIMITATION, THE LIMITATION APPLIES ONLY TO THE MAXIMUM EXTENT LEGALLY PERMITTED.


25. Indemnification


To the extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, and reasonable expenses, including reasonable attorneys’ fees, arising from or relating to: (a) your unlawful or unauthorized use of the Services; (b) your material violation of these Terms; (c) User Content provided in violation of another person’s rights; (d) your infringement or misappropriation of another person’s rights; or (e) your representations to third parties concerning the Services, your credentials, or outcomes that are not authorized by the Company.


This provision does not require indemnification for the Company’s own conduct to the extent indemnification cannot legally be required, and it does not waive any defense or consumer right that cannot lawfully be waived.


26. Changes to These Terms and Privacy Practices


We may update these Terms and our privacy, cookie, payment, refund, and other applicable practices to reflect changes in Services, technologies, business practices, service providers, legal obligations, or other circumstances. When we update these Terms, we will revise the Last Updated date.
Material changes may be communicated through the Services, by email, through a prominent website notice, or another reasonable method where appropriate or required by law. Your continued use after revised Terms become effective constitutes acceptance to the extent permitted by law. If you do not agree, discontinue using the Services.

27. Governing Law

These Terms and any dispute arising from or relating to these Terms, the Programs, or the Services will be governed by the laws of the State of New Mexico, without regard to its conflict-of-laws principles, except where applicable law requires otherwise. Subject to Section 28, any judicial proceeding must be brought in a state or federal court of competent jurisdiction located in New Mexico, and each party consents to personal jurisdiction and venue in those courts. Nothing in this Section limits any consumer protection, statutory right, jurisdiction, or venue that cannot lawfully be waived.

28. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE LIMITED MATTERS DESCRIBED BELOW, YOU AND THE COMPANY AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. THIS MEANS THAT YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU MAY REJECT THIS ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURE IN SECTION 28.7.

28.1 Informal Dispute Resolution

 

Before starting arbitration or a court proceeding, the party asserting a dispute must send the other party a written Notice of Dispute describing the claimant's name and contact information, the account or transaction involved, the facts and legal basis of the dispute, and the specific relief requested. Notices to the Company must be sent to aetherickinesis@gmail.com. The parties will make reasonable, good-faith efforts to resolve the dispute for sixty (60) days after a complete Notice of Dispute is received. Any applicable limitations period will be tolled during that sixty-day period to the extent permitted by law. Either party may seek urgent temporary relief when necessary to prevent immediate and irreparable harm.

 

28.2 Agreement to Binding Individual Arbitration

Except for the matters listed in Section 28.3, you and the Company agree that every dispute, claim, or controversy arising out of or relating to these Terms, the Services, any purchase, communications between you and the Company, or the relationship between you and the Company will be resolved by final and binding arbitration on an individual basis. This agreement applies to claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and to claims arising before or after you accepted these Terms. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, governs the interpretation and enforcement of this arbitration agreement. The arbitrator, and not a court, will decide issues concerning the scope, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide any issue concerning the enforceability of the class-action waiver in Section 28.5 or the jury-trial waiver in Section 28.6.

28.3 Matters Not Required to Be Arbitrated

Either party may bring an individual action in small-claims court if the action remains in that court and is within its jurisdiction. Either party may seek temporary or preliminary injunctive relief from a court to protect intellectual property, confidential information, accounts, systems, or the security and integrity of the Services while arbitration is pending. Nothing in these Terms prevents you from reporting a matter to, or seeking relief from, a government agency. Any claim for public injunctive relief that applicable law does not permit to be arbitrated may be decided by a court, and the remaining arbitrable claims will be stayed pending completion of arbitration.

28.4 Arbitration Rules, Location, and Costs

The arbitration will be administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules and Mediation Procedures then in effect, as modified by this Section. If AAA is unavailable or unwilling to administer the arbitration, the parties will select another nationally recognized arbitration provider; if they cannot agree, a court of competent jurisdiction will appoint one. The arbitration will be conducted by one neutral arbitrator. Unless the parties agree otherwise, hearings may be conducted by video, telephone, or documents, or in person at a location reasonably convenient for you as required by the applicable rules or law. The arbitrator may award any individual remedy a court could award under applicable law. Fees and costs will be allocated under the applicable arbitration rules and law. The Company will pay amounts it is required to pay under those rules or applicable law, and neither party may recover attorneys' fees or costs unless authorized by applicable law or the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose.

28.5 Class-Action and Representative-Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. Unless all affected parties agree in writing, the arbitrator may not combine or consolidate more than one person's claims or preside over any class, collective, consolidated, or representative proceeding. If a court finally determines that applicable law prevents enforcement of this waiver as to a particular claim or request for relief, only that claim or request will proceed in court after all arbitrable claims are completed; the remainder of this Section will remain enforceable.

28.6 Jury-Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY DISPUTE THAT PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND THE COMPANY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

28.7 Right to Opt Out of Arbitration

You may opt out of Sections 28.2 through 28.6 by sending a written opt-out notice within thirty (30) calendar days after the date you first accept these Terms. The notice must be sent to aetherickinesis@gmail.com and must include your full name, mailing address, the email address associated with your account or purchase, and an unequivocal statement that you opt out of the arbitration agreement in these Terms. An opt-out notice applies only to the individual who sends it and does not affect any other provision of these Terms. The Company will not retaliate against you for timely opting out. If you timely opt out, disputes will be resolved under the remaining provisions of these Terms.

 

28.8 Severability and Survival

Except as specifically provided in Section 28.5, if any part of this Section 28 is held invalid or unenforceable, that part will be severed and the remainder will remain in effect to the maximum extent permitted by law. This Section survives termination of these Terms or your relationship with the Company. Nothing in this Section limits any right or remedy that cannot lawfully be waived.


29. Export Controls and Sanctions


You may not use, export, re-export, transfer, or provide the Services in violation of applicable export-control, sanctions, or trade laws. Access may be restricted in countries, regions, or to persons where providing the Services would violate applicable law or create material compliance risk.


30. Severability and No Waiver


If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent legally permissible and the remaining provisions will remain in effect. Our failure to enforce a provision does not waive our right to enforce it later.


31. Assignment


You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or transfer of the applicable business or Service, subject to applicable law.


32. Entire Agreement


These Terms, together with applicable purchase terms, community rules, institutional agreements, order forms, and supplemental terms, constitute the agreement between you and us regarding your use of the Services, except where a separate written agreement expressly provides otherwise.


33. Contact Us


If you have questions about these Terms, Personal Information, privacy practices, cookies, security, billing, purchases, refunds, cancellations, intellectual property, or the Services, please contact us here or by emailing aetherickinesis@gmail.com

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