Terms of Use

Effective Date: October 16, 2026

In Plain English

emotive.energy is a platform for adult education, experiential learning, professional development, consulting, creative and embodied practices, and research.

We work with independent educators, consultants, researchers, facilitators, and other professionals. Some offerings invite participants to explore their own experiences, relationships, work situations, and patterns of behavior.

Our basic principles are straightforward:

  • Adults only. You must be at least 18 years old and legally an adult where you live.
  • A clear seller. emotive.energy LLC is the seller for purchases made through its website, even when an independent practitioner develops or delivers an offering.
  • Independent expertise. Practitioners retain responsibility for their qualifications, competence, professional conduct, and lawful scope of practice.
  • Education and development, not treatment. Our standard offerings do not provide psychotherapy, medical diagnosis, mental-health treatment, or emergency services.
  • Personal agency. Participation in experiential activities is voluntary. You retain control over your decisions, personal disclosures, and involvement.
  • Accurate purchase terms. Prices, schedules, access periods, recurring charges, cancellation rules, and any offering-specific restrictions are disclosed before purchase.
  • Respect for intellectual property. Independent creators retain ownership of their independently created work unless they expressly agree otherwise.
  • Privacy protections. Personal information, assessment answers, and research data are handled according to their applicable purposes, policies, and notices.
  • Consumer rights. Nothing in these Terms removes protections that applicable law does not permit us to waive.

Important: Section 21 contains a mandatory individual arbitration agreement and class-action waiver for certain disputes involving United States consumers, subject to the exceptions and opt-out right explained there.

This summary is provided for convenience. The complete Terms below govern the applicable contractual relationship.

1. Overview and Acceptance

These Terms of Use (“Terms”) govern your access to and use of the website located at https://emotive.energy, together with the Company-operated catalog, accounts, checkout, educational content, programs, memberships, and related services (collectively, the “Platform”).

The Platform is operated by:
emotive.energy LLC
1968 S. Coast Hwy, Suite 3310
Laguna Beach, CA 92651
United States
admin@emotive.energy

In these Terms, “Company,” “emotive.energy,” “we,” “us,” and “our” refer to emotive.energy LLC.

“You” and “your” refer to the applicable visitor, customer, learner, member, research participant, or other person using the Platform. Where an organization purchases an offering through an authorized representative, the applicable organizational agreement may also bind that organization.

By affirmatively accepting these Terms when creating an account, purchasing an offering, enrolling in a program, or entering into another transaction incorporating these Terms, you agree to the applicable provisions.

General website browsing does not, by itself, establish agreement to every contractual provision where affirmative assent is required by law.

Some offerings require additional agreements, including membership agreements, informed-participation terms, consultation agreements, research consents, or organizational contracts.

Where a separately accepted agreement specifically governs a particular matter, that agreement controls for that matter, subject to applicable law.

These Terms incorporate or refer to the following related policies:

Privacy Policy

Cookie Policy

Purchase and Refund Policy

Intellectual Property and Trademark Policy

DMCA Notice and Policy

Mandatory legal rights prevail over any inconsistent contractual provision.


2. Eligibility and Geographic Availability

The Platform’s programs, products, services, memberships, and research activities are intended for adults.

To register, purchase, enroll, or participate, you must:

  1. Be at least 18 years old and have reached the legal age of majority in your jurisdiction.
  2. Be legally permitted to enter into the relevant agreement.
  3. Use the Platform for lawful purposes.
  4. Meet any eligibility requirements applicable to the specific offering.
  5. Be located in a jurisdiction where the particular offering may lawfully be sold and delivered.
  6. Provide materially accurate registration, billing, and eligibility information.
  7. Not be prohibited from the transaction under applicable sanctions or other legal restrictions.

The Company does not provide a parental-consent exception for participation by minors.

Our website may be accessible internationally, but this does not mean every offering is available for purchase or delivery in every jurisdiction.

Different geographic restrictions may apply to self-directed digital products, live educational groups, professional consultations, research activities, and organizational engagements.

You may not misrepresent your identity, age, or location to bypass eligibility restrictions.

We may refuse or cancel an ineligible transaction, subject to applicable refund and consumer-protection requirements.

3. Nature of the Platform and Its Offerings

emotive.energy is a research-oriented professional platform supporting education, personal and professional development, experiential learning, independent consulting, and collaborative inquiry.

Its offerings may include:

  • Educational talks, classes, courses, workshops, and facilitated groups.
  • Professional-development and reflective-practice groups.
  • Self-directed audio practices, recordings, publications, workbooks, and digital products.
  • Individual, dyad, team, leadership, and organizational consultation.
  • Creative, embodied, relational, contemplative, and experiential exercises.
  • Reflective questionnaires, assessments, and individualized educational feedback.
  • Applied research and collaborative methods development.
  • Professional membership and collaboration opportunities.

Offerings vary in purpose, format, duration, intensity, and required qualifications.

An offering’s actual deliverables are determined by its published description, purchase terms, and any specifically applicable agreement.

References to developing programs, anticipated schedules, proposed pricing, research methods, or future features are informational and do not create a contractual commitment unless included in an accepted offer.

We may modify future offerings and discontinue unpurchased offerings.

Material changes to purchased offerings are governed by the accepted agreement and applicable consumer law.

4. Company Responsibilities and Independent Practitioners

emotive.energy LLC is the contracting seller and merchant of record for purchases completed through its current Platform checkout.

The Company may engage independent practitioners to develop, contribute to, facilitate, or deliver particular offerings.

These practitioners may include consultants, educators, coaches, researchers, licensed professionals, movement teachers, creative practitioners, and other appropriately qualified individuals.

Each independent practitioner remains responsible, to the extent required by applicable law, for:

  1. Truthful representation of qualifications, credentials, and expertise.
  2. Professional competence and the actual services delivered.
  3. Required licenses, authorizations, and lawful scope of practice.
  4. Appropriate professional boundaries and conduct.
  5. Applicable informed-consent and confidentiality duties.
  6. Managing foreseeable risks within the practitioner’s work.
  7. Required or contractually appropriate professional insurance.
  8. Referrals or termination when a participant’s needs exceed the offering’s scope.

Membership or participation in the Platform does not automatically create employment, an agency relationship, corporate ownership, or authorization to bind the Company.

The Company remains responsible for its own obligations, including its representations, transactions, contractual commitments, Company-controlled systems, and other duties imposed by applicable law.

Describing practitioners as independent does not eliminate any Company responsibility that applicable law imposes.

A practitioner’s professional license or credential does not mean that emotive.energy LLC itself possesses that license or provides the practitioner’s separately regulated professional services.

5. Educational and Nonclinical Scope

The Platform’s standard offerings are educational, developmental, consultative, experiential, and research-oriented.

emotive.energy is not a psychotherapy practice, medical provider, psychiatric service, or emergency-response service.

Our Platform offerings do not establish a clinical treatment relationship and do not constitute:

  1. Psychotherapy or marriage and family therapy.
  2. Medical or mental-health diagnosis or treatment.
  3. Psychiatric services or medication management.
  4. Individualized medical advice.
  5. Treatment of psychological, psychiatric, or physical disorders.
  6. Emergency or crisis intervention.
  7. Licensed clinical supervision.
  8. A therapist-client, physician-patient, or other clinical treatment relationship.

Educational offerings may legitimately address topics such as burnout, workplace distress, grief, chronic pain, trauma-informed practice, relational conflict, anxiety, shame, or other emotionally significant experiences.

The subject matter alone does not make an offering clinical treatment. However, the actual conduct of the activity, its claims, the practitioner’s role, participant needs, and applicable professional law determine whether a service is regulated.

Some Platform practitioners hold independent healthcare licenses or clinical credentials. When delivering an expressly nonclinical Platform offering, they act in the educational, consulting, or facilitation role described for that offering, rather than automatically as the participant’s treating clinician.

A professional credential does not authorize treatment in every jurisdiction.

If you need medical assessment, psychotherapy, crisis care, or other regulated professional services, consult a suitably authorized provider outside the Platform.

The Platform is not monitored or staffed for emergencies. If you face immediate danger or a medical or mental-health emergency, contact local emergency services or an appropriate crisis resource.

6. Informed Participation and Personal Agency

Certain offerings include exercises involving attention, perception, posture, movement, physical sensation, expression, emotional awareness, communication, or interpersonal interaction.

These activities are intended to support voluntary learning and experimentation.

You retain responsibility for your personal decisions and the extent of your participation.

Subject to reasonable participation requirements, you may:

  • Decline an exercise or invitation to disclose personal information.
  • Pause or discontinue an activity.
  • Request an appropriate variation or alternative.
  • Communicate concerns about an exercise or interaction.
  • Withdraw from participation in accordance with the applicable agreement.

Facilitators are not authorized through the Platform to demand that participants surrender personal judgment, relinquish control over decisions, engage in coercive activities, or continue exercises against their informed wishes.

Standard Platform activities do not include psychedelic or substance-facilitated sessions, intentional impairment of consent, unauthorized physical restraint, or coercive control.

Experiential work can produce unexpected emotional reactions, physical sensations, discomfort, fatigue, or interpersonal challenges.

Movement and embodied activities may also involve risks related to a participant’s health, physical environment, or manner of participation.

You should participate within your own reasonable limitations, use an appropriate physical environment, and discontinue activities that appear unsafe.

Higher-risk offerings may require additional disclosures, screening, participation conditions, or separate agreements.

Nothing in this section excludes responsibility for injury, misconduct, or other liability that cannot lawfully be waived.

7. Live Groups, Professional Reflection, and Confidentiality

Live groups may involve the discussion of work situations, interpersonal experiences, emotional responses, professional challenges, and other personal material.

Participants agree to respect the privacy and dignity of others.

Unless appropriately authorized or required by law, participants must not:

  1. Disclose identifying or confidential information shared by others in private group settings.
  2. Record, photograph, screenshot, or transcribe private sessions.
  3. Publish or distribute another participant’s statements, images, or personal experiences.
  4. Disclose identifiable patient, client, employee, or other protected information during professional case discussions.
  5. Use private group material for unauthorized commercial, research, or promotional purposes.

Professional case presentations and reflection activities must use appropriately de-identified information.

Unless an offering is separately and lawfully established as such, professional reflection or case consultation is not licensed clinical supervision.

Group confidentiality has inherent limitations. Although participants are required to respect confidentiality, the Company cannot guarantee the conduct of every participant or prevent every unauthorized disclosure.

The Company may establish reasonable conduct, privacy, attendance, technology, and safety rules for particular groups.

Material violations may result in proportionate restrictions or termination of participation, subject to the applicable contract and consumer rights.

8. Recording and Use of Participant Contributions

The Company does not treat ordinary participation as blanket permission to record, publish, or commercially reuse a participant’s image, voice, statements, or personal experiences.

Where recording or transcription is proposed, the relevant notice or separate agreement will explain the purpose, authorized uses, access arrangements, retention, and any required consent.

Participants may not independently record private group activities without authorization.

The Company may request separate permission for:

  • Public testimonials.
  • Promotional recordings or excerpts.
  • Publication of identifiable case material.
  • Research interviews and recordings.
  • Creative collaborations.
  • Distribution of participant-generated content beyond the original activity.

Any such permission is governed by its own terms and applicable law.

Information supplied privately for an assessment, consultation, or program is not automatically licensed for public or promotional use.

9. Assessments and Personalized Educational Feedback

Some offerings may include reflective questionnaires, weekly prompts, self-assessments, or other activities that generate feedback related to participants’ individual responses.

For example, the developing Burnout Culture Survival Guide may ask participants about workplace demands, organizational experiences, perceived burnout, relational patterns, personal responses, and related circumstances.

The purpose of these activities is educational: to help participants examine their situations, identify possible patterns, and consider alternative perspectives or actions.

Individualized educational feedback:

  1. May depend on the accuracy and completeness of information supplied by the participant.
  2. May involve scoring, structured interpretation, rules-based processing, automated analysis, or facilitator review, as disclosed for the offering.
  3. Is not a medical or mental-health diagnosis.
  4. Is not psychotherapy, medical treatment, or individualized clinical advice.
  5. Is not represented as a scientifically validated clinical assessment unless that status is independently substantiated.
  6. Does not guarantee a particular outcome, interpretation, or improvement.

The precise method of generating feedback, including any use of artificial intelligence, will be described where applicable.

Assessment responses used to provide purchased educational feedback are processed for that service.

Use of identifiable responses for separate research, unrelated marketing, or other additional purposes is governed by the Privacy Policy and any separate authorization required by law.

Purchasing a course does not automatically constitute consent to optional research participation.

10. Research Activities

Research and methods development are part of emotive.energy’s intended business activities.

Research may involve qualitative interviews, questionnaires, experiential observations, collaborative inquiry, or analysis of subjective and organizational experience.

Participation in an ordinary educational program does not automatically enroll you in a separate research study.

Where separate research participation is requested, applicable notices or consent materials will identify, as appropriate:

  • The research purpose.
  • Information to be collected.
  • Whether participation is anonymous, pseudonymous, or identified.
  • The voluntary nature of participation.
  • Relevant withdrawal rights.
  • Authorized access and sharing.
  • Publication and aggregation practices.
  • Retention and deletion arrangements.
  • Foreseeable risks.
  • Any applicable independent ethics-review arrangements.

Employers, sponsors, members, and research collaborators do not automatically receive identifiable participant responses merely because they support or participate in the Platform.

No questionnaire, research instrument, or method is represented as scientifically validated, clinically diagnostic, professionally accredited, or regulator-approved unless that claim is specifically substantiated.

11. Purchases, Pricing, and Payment

The Company sells eligible offerings through its authorized checkout and payment infrastructure.

Before completing a purchase, the relevant offer should identify the material commercial terms, including:

  1. The offering and its included components.
  2. Price and applicable currency.
  3. Taxes and any additional charges.
  4. Scheduled dates or delivery arrangements.
  5. Access periods and material restrictions.
  6. Any required participation conditions.
  7. Refund and cancellation terms.
  8. Any installment or recurring-billing obligations.

By completing an authorized transaction, you agree to pay the charges expressly disclosed and accepted.

Payment processing may be provided through third-party services, including Stripe, subject to their applicable terms and security arrangements.

We may refuse or cancel transactions where reasonably necessary because of fraud, prohibited activity, ineligibility, payment failure, or inability to fulfill an offering.

Where the Company cancels an accepted purchase without delivering the purchased offering, it will provide the refund or other remedy required by the applicable agreement and law.

Promotional discounts and referral codes apply only under their stated conditions.

The Company may offer limited member-referral arrangements for specifically designated programs. No purchase creates a general affiliate relationship, and no catalog-wide referral commission is implied.

Applicable sales, use, value-added, goods-and-services, and similar taxes are addressed according to the relevant transaction and law.

12. Refunds, Cancellations, and Withdrawal Rights

Refunds and cancellations are governed by the Purchase and Refund Policy and any specific terms disclosed for the offering.

Different rules may apply to:

  • Downloadable digital materials.
  • Streaming and self-paced educational products.
  • Scheduled courses and live programs.
  • Individual and dyad consultation.
  • Memberships and subscriptions.
  • Organizational consulting contracts.

Unless an applicable offer expressly provides otherwise, the Company does not provide a general voluntary satisfaction guarantee or discretionary refund right for properly delivered offerings.

This does not eliminate legal remedies for non-delivery, defective or nonconforming products or services, material misrepresentation, or other protected circumstances.

Consumers in certain jurisdictions, including the European Union, United Kingdom, and Brazil, may have mandatory withdrawal or cancellation rights.

The availability, duration, and exceptions to these rights depend on applicable law and the nature of the transaction.

Purchasing or beginning access to digital content does not automatically eliminate every statutory cancellation right.

Where early access or performance lawfully affects a withdrawal right, the Company must obtain any specific consent, acknowledgment, confirmation, or other procedural requirements prescribed by applicable law.

Nothing in these Terms overrides nonwaivable consumer rights.

13. Subscriptions, Renewals, and Installments

Certain offerings may be sold through one-time payments, fixed-term installment plans, or recurring subscriptions when expressly identified and appropriately configured.

An installment plan divides a specified purchase obligation into scheduled payments. An installment plan does not automatically create an indefinitely renewing subscription.

An automatic-renewal arrangement applies only when its essential terms have been presented and affirmatively accepted.

Where applicable, the checkout will disclose:

  • Recurring price and currency.
  • Billing frequency.
  • Initial term and renewal duration.
  • Any minimum commitment.
  • Cancellation methods and deadlines.
  • Material changes in price or terms.
  • Applicable access rights after cancellation.

The Company will provide required renewal notices, confirmations, and online cancellation mechanisms under applicable law.

Cancellation of an automatic renewal generally prevents future renewals according to the accepted terms and governing law. It does not automatically reverse charges for a current term or eliminate lawful outstanding installment obligations.

A one-time purchase does not authorize recurring charges unless a recurring arrangement was separately disclosed and accepted.

Membership-specific rights and responsibilities are governed by the applicable membership agreement.

14. Cooperative Membership and Legal Status

emotive.energy operates according to collaborative and cooperative principles and may organize professional participation through working groups or governance circles.

However, emotive.energy LLC is currently a California limited liability company, not a cooperative corporation or member-owned cooperative entity.

Unless a separate valid legal agreement expressly provides otherwise, membership does not create:

  1. Ownership or equity in the LLC.
  2. Corporate shares or stock.
  3. Statutory voting rights.
  4. A right to Company-wide profits or assets.
  5. Fiduciary or management authority.
  6. Employment.
  7. Automatic authorization to provide services through the Platform.
  8. A guaranteed interest in a possible future corporate reorganization.

Participation in governance circles is collaborative or advisory unless the Company expressly delegates defined legal authority.

Membership eligibility, payments, benefits, termination, and participation conditions are addressed in the applicable membership agreement.

Any future cooperative conversion remains a possible business development, not a contractual promise.

15. Intellectual Property and Content Licenses

The Company, independent creators, and other lawful rights holders retain their respective intellectual-property rights.

Independent practitioners and creators retain ownership of independently created content unless ownership is transferred through an applicable agreement.

Membership alone does not assign a creator’s copyrights, methods, publications, recordings, or independently developed intellectual property to the Company.

Where an independent creator offers materials through the Platform, the Company’s hosting, marketing, distribution, delivery, and other permitted uses are governed by the relevant creator or provider agreement.

Unless expressly stated otherwise, purchasing a digital product or enrolling in a course grants you a limited, nonexclusive, nontransferable license to access and use the relevant material for the educational or internal professional purposes and period specified in the offer.

Purchasing a licensed digital product does not transfer ownership of its copyright.

Without authorization, you may not:

  • Redistribute or resell protected materials.
  • Share paid access beyond the authorized users.
  • Publish or commercially exploit protected recordings.
  • Make unauthorized copies or derivative works.
  • Remove legally required copyright or attribution notices.
  • Represent another creator’s work as your own.

These restrictions do not eliminate lawful fair use, statutory copyright exceptions, or the independent application of general knowledge and skills.

Specific licenses may provide broader rights, including institutional access, permitted downloads, or continuing access after a subscription ends.

See our Intellectual Property and Trademark Policy.

16. Participant and User-Submitted Content

You retain applicable rights in original material you submit to the Platform.

This may include educational reflections, comments, assessment responses, creative contributions, or other user-generated content.

You grant the Company only those permissions reasonably necessary to receive, process, host, secure, display where intended, and deliver the particular service for which the content was submitted, subject to applicable law and the relevant privacy or participation terms.

The submission of personal assessment answers or confidential participation material does not automatically authorize:

  1. Public publication.
  2. Advertising or testimonial use.
  3. Sale of the content to third parties.
  4. Unrelated research use.
  5. Commercial redistribution beyond the agreed purpose.

Public community submissions may be made available to authorized community members in accordance with the intended function of that community.

You must have the rights and permissions necessary to submit any third-party material.

The Company may remove or restrict content that violates law, these Terms, intellectual-property rights, confidentiality obligations, or reasonable participation standards.

17. User Conduct and Prohibited Activities

You agree to use the Platform lawfully, responsibly, and with reasonable respect for other participants and practitioners.

You must not:

  1. Harass, threaten, intimidate, exploit, or unlawfully discriminate against others.
  2. Disclose another person’s protected or confidential information without a lawful basis.
  3. Impersonate another person or misrepresent qualifications, credentials, or professional authority.
  4. Engage in fraud or unlawful transactions.
  5. Upload malicious code or interfere with Platform security.
  6. Attempt unauthorized access to accounts, systems, or information.
  7. Unlawfully copy, extract, distribute, or commercially exploit protected content.
  8. Make unauthorized recordings of private sessions.
  9. Use the Platform for prohibited clinical, substance-facilitated, coercive, or other unlawful services.
  10. Violate applicable sanctions or other legal restrictions.

The Company may investigate credible complaints and impose proportionate measures, including content removal, participation restrictions, account suspension, or termination.

Where appropriate and legally permitted, the Company may preserve evidence, contact affected parties, or refer serious matters to relevant authorities.

These measures remain subject to applicable contractual and legal obligations.

18. User Accounts and Communications

If you register for an account, you are responsible for maintaining accurate account information and taking reasonable precautions to protect your credentials.

You must promptly notify the Company if you become aware of suspected unauthorized access.

You may not knowingly permit an ineligible person to use your account.

We may send communications reasonably necessary for:

  • Purchase confirmations and receipts.
  • Enrollment and access instructions.
  • Program scheduling.
  • Account security.
  • Product delivery and support.
  • Contractual changes.
  • Legally required notices.

Marketing communications are governed by applicable consent and opt-out requirements.

Purchasing an offering does not automatically authorize unrelated marketing communications where separate permission is required.

The Company may temporarily restrict an account where reasonably necessary to investigate fraud, account compromise, unlawful activity, or serious misuse.

19. Privacy, Cookies, and Third-Party Services

Our handling of personal information is described in our Privacy Policy.

Information about cookies, browser storage, related technologies, and applicable user choices appears in our Cookie Policy.

The Platform may use external services for hosting, payment processing, course delivery, surveys, communications, security, scheduling, and live meetings.

Depending on the activity, these may include services such as WooCommerce, Stripe, Sensei LMS, BlockSurvey, ONTRAPORT, Pipedrive, Zoom, Substack, Cloudflare, and Google services.

The applicable Privacy Policy identifies relevant data-processing categories, recipients, and other required information.

Some third-party websites or applications operate under their own legal terms and privacy notices.

The Company remains responsible for its own applicable legal obligations relating to external services it selects or controls.

Assessment responses, sensitive narratives, private consultation information, and research data are subject to additional purpose limitations and safeguards described in the applicable privacy and program notices.

20. Disclaimers and Limitation of Liability

The Platform provides educational, consultative, developmental, and informational services.

The Company does not guarantee that:

  1. Every participant will achieve a particular personal, professional, emotional, relational, or organizational result.
  2. Every educational exercise or method will be suitable for every participant.
  3. Every educational assessment will produce a complete or accurate understanding of a person’s circumstances.
  4. The Platform will operate without interruption or technical error.
  5. Educational materials can replace individualized professional judgment.

To the extent permitted by law, ordinary website access and general informational materials are provided without warranties beyond those expressly agreed or legally required.

Nothing in these Terms excludes, limits, or waives liability or remedies where doing so is prohibited by law.

This includes applicable protections concerning fraud, intentional misconduct, personal injury, negligence where exclusion is prohibited, nonwaivable statutory rights, and other legally protected claims.

Subject to these limitations, the Company is not liable for indirect, incidental, special, exemplary, or consequential losses arising from ordinary Platform use to the extent their exclusion is lawful.

To the maximum extent permitted by applicable law, the Company’s total aggregate contractual liability arising from a particular offering or related Platform transaction shall not exceed the greater of:

  1. The amount paid to the Company for that offering during the 12 months preceding the event giving rise to the claim; or
  2. US $100.

This contractual cap does not apply to claims or remedies that applicable law prohibits limiting, and it does not eliminate mandatory rights relating to nonconforming products or services, refunds, personal injury, privacy, or other protected matters.

Nothing in this section relieves an independent practitioner of legally enforceable professional duties or eliminates the Company’s responsibility for its own acts or omissions.

If your unlawful content or misuse of the Platform causes a third-party claim, you may be responsible for resulting losses to the extent permitted by law.

An ordinary consumer is not required under this provision to indemnify the Company for the Company’s own wrongdoing or merely for exercising statutory consumer rights.

21. United States Consumer Arbitration and Class-Action Waiver

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.

FOR COVERED UNITED STATES CONSUMER DISPUTES, THIS SECTION GENERALLY REQUIRES BINDING INDIVIDUAL ARBITRATION INSTEAD OF A COURT OR JURY PROCEEDING. IT ALSO INCLUDES A CLASS-ACTION WAIVER, SUBJECT TO LEGAL EXCEPTIONS AND AN OPT-OUT RIGHT.

21.1 Agreement to Arbitrate

If you reside in the United States and affirmatively accept these Terms in connection with a covered consumer account, purchase, or transaction, you and emotive.energy LLC agree to resolve covered disputes arising from or relating to the Platform, these Terms, or the transaction through binding individual arbitration, except as provided below.

This provision applies only to the extent permitted by applicable law.

It does not apply to a consumer who validly opts out, to claims legally exempt from mandatory predispute arbitration, or to claims governed by a different, validly accepted agreement that expressly controls dispute resolution.

Business and organizational agreements may establish separate commercial dispute-resolution procedures.

21.2 Informal Dispute Resolution

Before initiating arbitration, the party raising a dispute must provide written notice describing:

  1. The nature of the dispute.
  2. The relevant transaction or event.
  3. The relief requested.
  4. Sufficient information to identify the applicable account or purchase.

Notices to the Company may be sent to:

admin@emotive.energy

Use the subject line: Legal Dispute Notice.

Notices may also be mailed to the Company’s business mailing address listed in Section 24.

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice before initiating arbitration.

This preliminary process does not eliminate statutory rights, shorten legally applicable limitations periods, or prevent urgent relief where legally available.

21.3 Arbitration Rules and Administrator

Any covered dispute that is not resolved informally will be administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules and consumer due-process requirements.

The current rules and fee information are available at:

https://www.adr.org/rules-forms-and-fees/consumer/

The Federal Arbitration Act governs interpretation and enforcement of this arbitration agreement to the extent applicable.

The arbitrator may award the individual relief available under applicable substantive law, subject to lawful limitations and exceptions.

21.4 Hearing Location and Procedure

Arbitration may proceed through written submissions, telephone, video, or another method permitted by the applicable rules and appropriate to the dispute.

Any necessary in-person hearing will take place at a location consistent with the AAA Consumer Rules and applicable consumer protections.

Consumers are not required to travel to California solely because the Company is organized there.

21.5 Arbitration Fees and Costs

Filing fees, administrative costs, arbitrator compensation, and other expenses will be allocated in accordance with the AAA Consumer Rules, applicable law, and legally required consumer protections.

The Company will pay the business-side administrative fees and arbitrator compensation required by those rules.

Where applicable, consumer fee caps and legally available fee waivers remain available.

Nothing in these Terms requires a consumer to bear arbitration costs that applicable law or the governing consumer rules prohibit imposing.

21.6 Small-Claims and Other Exceptions

Either party may bring an eligible individual claim in small-claims court, provided the claim remains within that court’s lawful jurisdiction and procedures.

Claims that cannot legally be subjected to mandatory predispute arbitration may proceed in the legally authorized forum.

For disputes involving sexual assault or sexual harassment, a claimant retains any statutory right to elect court proceedings notwithstanding a predispute arbitration agreement or joint-action waiver.

Nothing in this provision restricts legally protected complaints to government agencies or eliminates a nonwaivable statutory right to public injunctive relief or another protected remedy.

21.7 Class-Action Waiver

To the maximum extent permitted by applicable law, covered disputes must be brought and resolved on an individual basis rather than as a plaintiff or class member in a class, collective, consolidated, or representative proceeding.

Neither party agrees to class-wide arbitration.

This waiver does not apply where prohibited by law and does not eliminate nonwaivable public or representative remedies.

Where a court of competent jurisdiction determines that this provision cannot lawfully apply to a particular claim or remedy, the legal consequences of that determination will be governed by applicable law.

21.8 Right to Opt Out

You may opt out of this arbitration agreement within 30 days after your first affirmative acceptance of the version of these Terms containing this arbitration provision.

To opt out, email:

admin@emotive.energy

Subject: Arbitration Opt-Out

Your message must identify the email address associated with the relevant account or purchase and clearly state that you are opting out of the arbitration agreement.

Opting out does not cancel your purchase, account, membership, or obligations under other enforceable provisions of these Terms.

If arbitration does not apply, the dispute may proceed in a court with lawful jurisdiction, subject to applicable forum requirements and mandatory consumer rights.

21.9 Enforceability and Severability

Except where applicable law requires otherwise, an unenforceable portion of this arbitration agreement will be severed without invalidating the remaining enforceable provisions.

Where federal law requires a court rather than an arbitrator to determine the applicability or enforceability of a predispute arbitration agreement, the court will make that determination.

Nothing in this arbitration provision eliminates a consumer’s nonwaivable substantive rights or statutory remedies.

22. Governing Law and International Consumer Protections

Except where mandatory law provides otherwise, these Terms are governed by the laws of the State of California, United States, without applying conflict-of-laws principles that would defeat the selected governing law.

For disputes not subject to arbitration, the parties consent to the jurisdiction of competent courts in California to the extent such forum selection is lawful.

This provision does not require consumers to relinquish mandatory protections or rights to bring proceedings in courts made available by applicable consumer-protection law.

Consumers outside the United States retain any nonwaivable rights provided by the laws applicable to their transactions, including relevant consumer-contract, cancellation, refund, product-conformity, and dispute-resolution protections.

Nothing in these Terms represents that every offering is available or legally deliverable in every country.

Geographic eligibility may differ by offering and professional provider.

23. Modifications, Suspension, and Termination

The Company may update the Platform, revise future offerings, change future prices, and amend these Terms as business and legal requirements evolve.

Material changes will be communicated where required by law.

Changes to these Terms apply prospectively as legally permitted.

Publishing a revised version does not automatically alter material rights or obligations under an earlier completed purchase where doing so would violate the accepted agreement or applicable law.

The Company may suspend or terminate access or participation where reasonably justified by:

  • Material violation of these Terms.
  • Fraud or unlawful activity.
  • Serious misconduct or threats to participant safety.
  • Unauthorized access or misuse.
  • Other grounds permitted under an applicable agreement or law.

Any suspension or termination remains subject to applicable paid-access rights, refunds, data-protection requirements, and consumer remedies.

Provisions concerning accrued payment obligations, intellectual property, confidentiality, lawful liability allocation, and dispute resolution may continue after termination to the extent legally enforceable.

24. General Provisions and Contact

If a provision of these Terms is unenforceable, the remaining provisions continue to apply to the extent permitted by law.

A failure or delay to enforce a provision does not automatically waive the right to enforce it later.

The Company may assign an agreement only where permitted by law and without unlawfully diminishing consumer rights.

Events beyond a party’s reasonable control may affect performance, but do not eliminate mandatory refund, cancellation, or other statutory obligations.

These Terms, the applicable offering description, incorporated policies, and any specifically accepted additional agreements constitute the relevant contractual framework for the transaction.

A separate executed agreement controls where it expressly governs a particular matter, subject to applicable law.

For questions, contractual notices, or legal inquiries, contact:

emotive.energy LLC
1968 S. Coast Hwy, Suite 3310
Laguna Beach, CA 92651
United States

Email: admin@emotive.energy
Website: https://emotive.energy

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