END USER LICENSE AGREEMENT

ARTICLE 1: INTRODUCTION

This End User License Agreement (“EULA”) is a legal agreement between you and James D Dayley, (also referred to as “us,” “we,” or “our,” as the context requires), governing the license and use of the product content owned or licensed by us and made available for purchase on this website (collectively, the “Product Line”). All use by you of the Product Line is governed by this EULA.

Please read the EULA carefully, because it is a legal contract and imposes obligations on you as a user of the Product Line. 

BY PURCHASING ANY PRODUCT ON THIS WEBSITE, YOU WILL BE BOUND BY THIS EULA, AND YOU SIGNIFY YOUR CONSENT TO THE LICENSE GRANTS CONTAINED HEREIN AS WELL AS THE TERMS AND CONDITIONS OF THIS EULA.

BY PURCHASING ANY PRODUCT ON OUR WEBSITE, YOU FURTHER AGREE THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS EULA, BEFORE PURCHASING AND/OR USING ANY OF THE PRODUCT LINE.

ARTICLE 2: USER LICENSE

2.1 User License. Subject to the terms and conditions and for the limited purposes set forth herein, we grant you the limited and non-transferable, right and license to: (i) download the Product Line you have purchased from this website and to use to the Product Line on devices owned by you; and/or (ii) using the compact disc containing the Product Line you purchased from this website on devices owned by you.

2.2 Ownership. You hereby acknowledge that nothing in this EULA is meant or shall be deemed to give you any rights in any works of authorship or copyrights owned or licensed by James D Dayley, and or Dayley. In the event that the owner, in whole or jointly, of the product Line is a party other than Jones, you agree that such party shall be a third party beneficiary under this EULA and shall have the right to enforce the terms and conditions of this EULA that pertain to such party’s rights in and to the Product Line as if such party were a party to this EULA.

2.3 Restrictions. The following restrictions shall apply to your use of the Product Line in any format and on any media:

(a) You may not copy or reproduce any portion of the Product Line.

(b) You may not distribute, share through any information network, transfer, sell, lease, or rent any of the Product Line to any other person or entity, in whole or in part.

(c) You may not change, alter, modify, or create derivative works, enhancements, extensions, or add-ons to any of the Product Line.

(d) You may not decompile, reverse engineer, or disassemble any of the Product Line, in whole or in part.

(e) You may not use the Product Line for commercial purposes, or purposes other than your personal use and enjoyment.

(f) You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth in this Section 2.3 or elsewhere in this EULA or the restrictions provided in the U.S. Copyright Act, Title 17 U.S.C. § 101, et. seq.

ARTICLE 3: CHANGES

We reserve the right, in our sole discretion, and from time to time, to change the format or content of the Product Line available on this website, or the media on which such Product Line are contained. The updated or re-formatted Product Line may be made available to you for a fee. You agree that from time to time we may remove or disable access to the Product Line for indefinite periods of time, or any portion thereof, at any time, without notice to you.

ARTICLE 4: NO MEDICAL ADVICE PROVIDED

THE CONTENTS OF THE PRODUCT LINE 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 CONDITION. RELIANCE ON ANY INFORMATION OR SELF HYPNOSIS GUIDANCE PROVIDED IN OR VIA THE PRODUCT LINE IS SOLELY AT YOUR OWN RISK, AND INTENTED TO SERVE IN SUBSTANTIAL PART AS AND FOR “ENTERTAINMENT” PURPOSES AND THE ENHANCEMENT OF KNOWLEDGE CONCERNING THE “NEW AGE” SCIENCES WHICH THE PRODUCT LINE IS CREATED AND INTENDED FOR.

ARTICLE 5: DISCLAIMER OF WARRANTIES AND LIABILITY

5.1 Disclaimer. We are making the Product Line available to you on an “as is” and “as available” basis and you agree that your use of the Product Line is at your own risk and without recourse. WE DISCLAIM ALL WARRANTIES THAT RELATE IN ANY WAY TO THE PRODUCT LINE, THE CONTENT OR ANY PORTIONS OR COMBINATIONS THEREOF, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, AVAILABILITY, ACCURACY, ADEQUACY, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

5.2 Indemnity. You shall defend, indemnify, and hold harmless James D Dayley, and our affiliates including but not limited to  (our and their) officers, directors, shareholders, licensors, employees and agents, from and against any and all suits, proceedings, claims, losses, and damages (including reasonable attorneys’ fees, court costs, etc.) related to: (i) any breach by you of this EULA, and (ii) any claim by you or a third party that arises from your use or misuse of the Product Line.

5.3 Limitation of Liability. IN NO EVENT SHALL James D Dayley, OUR AFFILIATES,  OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES , AGENTS, OR LICENSORS BE LIABLE TO YOU (or any Third Party) FOR SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE PRODUCT LINE, (and or other productions or products) INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, AND ERRORS OR OMISSIONS IN CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER James D Dayley, or DAYLEY, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF James D Dayley, and or DAYLEY, IF ANY, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE RECORDINGS SHALL NOT EXCEED IN THE AGGREGATE THE FEES ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCT LINE. THE PROVISIONS HEREIN CONCERNING LIMITATIONS OF LIABILITIES AND DAMAGES ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE INDEPENDENT OF, AND SHALL SURVIVE THE FAILURE OF, ANY OTHER PROVISION IN THIS AGREEMENT (INCLUDING EXCLUSIVE REMEDIES).

5.4 Errors; Accuracy; Security. The Product Line may contain errors or other inaccuracies and may not be complete, accurate, or current. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT (I) THE PRODUCT LINE WILL BE ERROR-FREE, ACCURATE, OR CURRENT, OR (II) YOUR USE OF THE PRODUCT LINE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM LOSS CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, with James D Dayley, and or DAYLEY, each DISCLAIMS ANY LIABILITY RELATING THERETO.

ARTICLE 6: MISCELLANEOUS

6.1 Choice of Law. This EULA shall be governed by the laws of the State of Utah (regardless of the laws that might otherwise govern under applicable Utah principles of conflicts of law) as to all matters, including but not limited to matters of validity, construction, effect, performance and remedy. Any legal proceedings related to this EULA shall be brought in the Federal or State Courts located in Salt Lake City Utah. (emphasis added)

6.2 Severability. The invalidity or unenforceability of any provision of this EULA shall not affect the validity or enforceability of the remaining provisions, and this EULA 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, with Article 6 Section 6.2 serving as a “savings clause”, as fully recognized in “contract law”, within the several states of the United States of America and elsewhere. (emphasis added)

6.3 Assignment. You may not assign this EULA nor any of the Product Line, by operation of law or otherwise. Any purported assignment made in contravention of this provision shall be “ null and void” for all purposes. (emphasis added)

6.4 Binding Effect. This EULA shall be binding on and inure to the benefit of the parties and the respective successors and permitted assigns of James D Dayley, and or DAYLEY.

6.5 Entire EULA. This EULA constitutes the entire EULA and understanding of the parties hereto with respect of the subject matter contained herein and supersedes all prior agreements, consents and understandings relating to such subject matter. (emphasis added)

ARTICLE 7: REGISTRATION AND ACCEPTANCE

By purchasing any product on this website and downloading, listening to, or otherwise accessing any of the Product Line, you represent and warrant that you are 18 years of age or older, capable of entering into a binding legal agreement, (in your place of residence or domicile) and have read, understand, and agree to be bound by all provisions of this EULA. For purposes of this EULA, the “Effective Date” shall mean the date on which you first accepted this EULA by purchasing any product on this website. (emphasis added)

This agreement was last revised on October 15^th, 2012.

PROTECTED BY COMMON LAW TRADEMARK

 UNITED STATES OF AMERICA
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