End User License Agreement
ARTICLE 1: INTRODUCTION
This End User License Agreement (“EULA”) is a legal agreement between you and The Delta Institute, LLC (also referred to as “us,” “we,” or “our,” as the context requires), governing the license and use of the video and audio content owned or licensed by us and made available for purchase on this website (collectively, the “Recordings”) and governing the license and use of all written material including the Finally Anger Free video transcripts owned or licensed by us and made available as part of the purchase on this website (collectively, the “Transcripts”). All use by you of the Recordings and the Transcripts 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 Recordings and the Transcripts.
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 LISTENING TO ANY RECORDINGS AND/OR READING/LISTENING TO THE TRANSCRIPTS.
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) listen to the Recordings you have purchased from this website on devices owned by you; and/or (ii) download and read the Transcripts you purchased from this website on devices owned by you. You may not download or reproduce the videos.
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 Dr. Diana Sturm or The Delta Institute, LLC. In the event that the owner, in whole or jointly, of the Recordings and/or the Transcripts is a party other than Dr. Diana Sturm or The Delta Institute, LLC, 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 Recordings and/or the Transcripts as if such party were a party to this EULA.
2.3 Restrictions. The following restrictions shall apply to your use of the Recordings and/or the Transcripts in any format and on any media:
(a) You may not copy or reproduce any portion of the Recordings and/or of the Transcripts.
(b) You may not distribute, share through any information network, transfer, sell, lease, or rent any of the Recordings and/or the Transcripts 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 Recordings and/or the Transcripts.
(d) You may not decompile, reverse engineer, or disassemble any of the Recordings and/or the Transcripts, in whole or in part.
(e) You may not use the Recordings and/or the Transcripts 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, 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 Recordings and/or the Transcripts available on this website, or the media on which such Recordings and/or the Transcripts are contained. These updated or re-formatted Recordings and/or the Transcripts may be made available to you for a fee. You agree that from time to time we may remove or disable access to the Recordings and/or the Transcripts 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 RECORDINGS AND/OR THE TRANSCRIPTS ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DR. STURM IS AN ORDAINED MINISTER AND CERTIFIED EMOTIONAL FREEDOM TECHNIQUE PRACTITIONER. DR. STURM IS NOT A MEDICAL DOCTOR, PSYCHOLOGIST, PSYCHIATRIST OR COUNSELOR. 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 ENERGY HEALING OR EMOTIONAL FREEDOM TECHNIQUE (EFT) GUIDANCE PROVIDED IN OR VIA THE RECORDINGS AND/OR THE TRANSCRIPTS IS SOLELY AT YOUR OWN RISK.
ARTICLE 5: DISCLAIMER OF WARRANTIES AND LIABILITY
5.1 Disclaimer. We are making the Recordings and/or the Transcripts available to you on an “as is” and “as available” basis and you agree that your use of the Recordings and/or the Transcripts is at your own risk. WE DISCLAIM ALL WARRANTIES THAT RELATE IN ANY WAY TO THE RECORDINGS AND/OR THE TRANSCRIPTS, THE CONTENT OR ANY PORTIONS OR COMBINATIONS THEREOF, EITHER EXPRESS 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 us and our affiliates and 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) 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 Recordings and/or the Transcripts.
5.3 Limitation of Liability. IN NO EVENT SHALL WE OR OUR AFFILIATES AND OUR AND THEIR ITS OFFICERS, DIRECTORS, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE RECORDINGS AND/OR THE TRANSCRIPTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, AND ERRORS OR OMISSIONS IN CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE DELTA INSTITUTE OR DR. DIANA STURM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF US, IF ANY, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE RECORDINGS AND/OR THE TRANSCRIPTS SHALL NOT EXCEED IN THE AGGREGATE THE FEES ACTUALLY PAID BY YOU FOR THE APPLICABLE RECORDINGS AND/OR THE TRANSCRIPTS. 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 Recordings and/or the Transcripts may contain errors or other inaccuracies and may not be complete, accurate, or current. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT (I) THE RECORDINGS AND/OR THE TRANSCRIPTS WILL BE ERROR-FREE, ACCURATE, OR CURRENT, OR (II) YOUR USE OF THE RECORDINGS AND/OR THE TRANSCRIPTS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM LOSS CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DR. DIANA STURM AND THE DELTA INSTITUTE DISCLAIMS ANY LIABILITY RELATING THERETO.
ARTICLE 6: MISCELLANEOUS
6.1 Choice of Law. This Agreement shall be governed by the laws of the State of Alabama (regardless of the laws that might otherwise govern under applicable Alabama principles of conflicts of law) as to all matters, including but not limited to matters of validity, construction, effect, performance and remedy. Mobile, Alabama 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 Mobile, Alabama, or in the United States District Court for Alabama.
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.
6.3 Assignment. You may not assign this EULA nor any of the Recordings and/or the Transcripts, by operation of law or otherwise. Any purported assignment made in contravention of this provision shall be null and void for all purposes.
6.4 Binding Effect. This EULA shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
6.5 Entire EULA. This EULA constitutes the entire EULA 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.
ARTICLE 7: REGISTRATION AND ACCEPTANCE
By purchasing any product on this website and downloading, listening to, or otherwise accessing any of the Recordings and/or the Transcripts, you represent and warrant that you are 18 years of age or older, capable of entering into a binding legal agreement, 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.
This agreement was last revised on August 31, 2012.
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