This User Agreement ("Agreement") is a legal Agreement between and you; Steve G. Jones Clinical Hypnotherapy, Inc. ("Jones"); and Statbrook Associates, Inc. ("Statbrook"). Your use of and access to the Certification Course created by Jones that is being distributed by Statbrook ("Certification Course") is governed by the terms and conditions of this Agreement. This Agreement also governs your use of any e-books, coursework, materials, instructional videos, or other educational materials provided to you in connection with the Certification Course (collectively, the "Content") and, if applicable, consulting and other support services provided to you by Jones in connection with the Certification Course (collectively, the "Services").
Please read this Agreement carefully, because it is a legal contract and imposes obligations on you as a user of the Content and the Services.
By clicking the "I ACCEPT" box, you will be bound by this Agreement, and you signify your consent to the terms and conditions of this Agreement.
By clicking the "I ACCEPT" box, you further agree that you have reviewed and accepted the terms and conditions of this Agreement before viewing, listening to, or otherwise using any of the Content and the Services.
If you do not agree to the terms and conditions of this Agreement, you may not purchase, access, view or use the Content or the Services.
2. LICENSE TO USE CONTENT.
2.1 User License. Jones grants you the limited right and license to (a) access and view the Content via the Internet as streaming media and (b) where explicitly permitted by Jones, download the Content in a format designated by Jones and view such Content on a device provided by you and able to the display of such Content. All other uses of the Content are strictly forbidden.
2.2 Ownership. User hereby acknowledges that nothing in this Agreement is meant or shall be deemed to give User any rights in any works of authorship, copyrights, trademarks, or trade names owned by Jones or Jones's third-party licensors. All Content shall remain the sole and exclusive property of Jones or, if applicable, Jones's third-party licensors.
2.3 Use Restrictions. You acknowledge and agree that you may not (i) reproduce the Content, or any portion thereof, in any way or in any format now known or hereafter developed; (ii) provide any other person with access to the Content; (iii) sublicense the use of the Content; (iv) make derivative works from the Content; (v) attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Content or used to administer these use restrictions; or (vi) use the Content in any manner other than for your own personal, non-commercial use.
3. Individual Consulting.
To the extent that the Certification Course includes Services, Jones shall provide such Services in response to your written request. If, during the course of performing such Services, Jones provides you with any written materials or other documents, including but not limited to hand-outs, presentations, or correspondence, or any video or sound recordings in any format now known or later created (collectively, "Deliverables"), such Deliverables shall be considered Content for the purposes of this Agreement and shall be subject to all use restrictions for Content contained herein.
4.1 Term. This Agreement shall remain in effect for a period of one (1) year from the date on which you purchase the Certification Course.
4.2 Termination. If you fail, or if Jones or Statbrook has reason to suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to the usage restrictions on Content or Deliverables, Jones or Statbrook, acting unilaterally or together and in the applicable party's sole discretion, may terminate this Agreement and disable your access to the Content and Services.
5. Disclaimer of Warranties and Liability.
5.1 General Disclaimer. Jones and Statbrook are making the Certification Course, including the Content, Deliverables, and Services, available to you on an "as is" basis and you agree that your use of such Certification Course, including the Content, Deliverables, and Services, is at your own risk. The Certification Course is not intended to allow you to dispense medical and/or theraputic advice, make a medical diagnosis, or provide medical, psychological, mental health, nervous, emotional, behavioral, disorders, or ailment treatment, or otherwise understanding, predicting, or influencing behavior; you are strictly prohibited by this Agreement as well as applicable law from representing that you can do so based on the Certification Course or your use of the Content or Services.
5.2 Warranty Disclaimer. JONES AND STATBROOK INDIVIDUALLY AND COLLECTIVELY DISCLAIM ALL WARRANTIES THAT RELATE IN ANY WAY TO THE CERTIFICATION COURSE, CONTENT, DELIVERABLES, OR SERVICES, OR ANY PORTIONS THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Neither Jones nor Statbrook is responsible for any incorrect or inaccurate Content or Deliverables, or any Content or Deliverables that do not meet your expectations.
5.3 No Medical Advice Provided. THE CONTENT, DELIVERABELS AND SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR MENTAL CONDITION. RELIANCE ON ANY INFORMATION OR HYPNOTHERAPY GUIDANCE PROVIDED IN OR VIA THE CONTENT, DELIVERABELS OR SERVICES IS SOLELY AT YOUR OWN RISK.
5.4 Limitation of Liability. UNDER NO CIRCUMSTANCES WILL JONES OR STATBROOK, EITHER INDIVIDUALLY OR COLLECTIVELY, BE LIABLE FOR ANY DAMAGE CAUSED BY YOUR USE OF OR ACCESS TO THE COURSEWORK, INCLUDING BUT NOT LIMITED TO THE CONTENT, DELIVERABLES, AND SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL JONES OR STATBROOK, OR ANY OF THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR MISUSE OF, OR THE INABILITY TO USE, THE CONTENT OR SERVICES, EVEN IF JONES OR STATBROOK OR THE AUTHORIZED REPRESENTATIVE OF EITHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT THE TOTAL LIABILITY OF EITHER JONES OR STATBROOK TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING UNDER OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE CONTENT OR DELIVERABLES EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE CERTIFICATION COURSE.
You agree to indemnify, defend, protect, save and hold harmless Jones and Statbrook against any and all damages, losses, liabilities, judgments, awards, and costs (including reasonable attorneys fees) resulting from: (a) actions taken or representations made by you based on your completion of the Certification Course; (b) any claim arising from or related to an allegation that you fraudulently or without the appropriate license dispensed medical advice, made a medical diagnosis, provided medical treatment, or practiced medicine; and (c) any violation by you of the use restrictions on Content or Deliverables contained in this Agreement, or any threatening or acutal breach of this EULA.
7.1 Choice of Law. This Agreement shall be governed by the laws of the State of New York (regardless of the laws that might otherwise govern under applicable New York principles of conflicts of law) as to all matters, including but not limited to matters of validity, construction, effect, performance and remedy. New York County, New York shall be the proper place of venue for all suits to enforce this Agreement, and any legal proceedings to enforce the provisions hereof shall be brought in the District Courts of New York County, New York, or in the United States District Court for New York.
7.2 Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted, unless the omission of such provision would deprive one of the parties of a material benefit of its bargain hereunder.
7.3 Modification. Jones and Statbrook reserve the right to modify or amend this Agreement in its sole discretion. Please review this Agreement from time to time in order to keep current with its terms and conditions.
7.4 Assignment. You may not assign this Agreement. Any assignment made in contravention of this provision shall be null and void for all purposes.
7.5 Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
7.6 Entire Agreement. This Agreement constitutes the entire Agreement and understanding of the parties hereto in respect of the subject matter contained herein and supersedes all prior agreements, consents and understandings relating to such subject matter.