END USER LICENSE
ARTICLE 1: INTRODUCTION
This End User License Agreement
(“EULA”) is a legal agreement between you and Statbrook Associates, LLC., (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
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
Statbrook Associates LLC., and or Jones. 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
2.3 Restrictions. The following
restrictions shall apply to your use of the Product Line in any format and on
(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
(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
(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
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 Statbrook Associates LLC., 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 Statbrook Associates LLC., 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 Statbrook Associates LLC., or JONES, KNEW OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF Statbrook
Associates LLC., and or Jones, 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 Statbrook
Associates LLC., and or JONES, 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 Nevada (regardless of the laws
that might otherwise govern under applicable Nevada 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 Las Vegas Nevada. (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 Statbrook Associates LLC., and or Jones.
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
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)
agreement was last revised on October 15th, 2012.
PROTECTED BY COMMON LAW TRADEMARK
UNITED STATES OF AMERICA
If you have any questions, comments, or feature requests, Call us.
Toll Free: (877) 944-9766