MINDGIFT DOWNLOAD DISCLAIMER
UPDATED APRIL 20, 2022
Agreement in connection with downloading any materials from our website:
Prior to, and as a condition of, any downloading course work or other materials related to tapping techniques, breathing techniques, havening, hypnosis or other subjects provided on this website (collectively, the “Downloadable Materials”) maintained by MindGift, LLC (the “Company”, “we” or “us”) you represent and warrant to the Company that you have read and understood the Company’s Terms and Conditions, available here, and Privacy Policy, available here, and agree that both are incorporated by reference into this Agreement between you and the Company.
Your purchase or download of this Downloadable Material represents: (i) your representation and warranty that you are at least eighteen (18) years of age and (ii) constitutes your understanding and agreement to be legally bound by the terms of this Agreement (as well as the Terms and Conditions and Privacy Policy, which are incorporated herein). These terms may be updated by us occasionally without notice to you. You should review the website every now and then for changes to these terms.
This Downloadable Material constitutes “Information” and, if purchased, “Programs, Products or Services,” as both terms are defined in the Company’s Terms and Conditions.
Capitalized terms used without definition herein shall have the respective meanings set forth in the Company’s Terms and Conditions.
NO UNSAFE USE
When listening to this Downloadable Material, you must be in a safe environment where you can safely relax. Never listen to this Downloadable Material while driving, operating heavy machinery, or being in an unsafe place or place in which you need to maintain alertness.
VOLUNTARY ACCEPTANCE OF RESPONSIBILITY AND RISK
As with all situations, unknown individual risks and circumstances can arise during use of the Downloadable Materials that cannot be foreseen and that can influence or reduce results. Materials such as the Downloadable Materials have been known to trigger memories, feelings, visualizations or other effects that are disturbing, depressing, painful, frightening or otherwise unpleasant or traumatic. This may be particularly true in listeners with pre-existing emotional issues. You recognize and agree (on behalf of yourself, your successors and assigns, your family members, and any other person acting on your behalf now or in the future) that any mention of any suggestion or recommendation contained, or that you believe to be contained, in the Downloadable Material is to be taken at your own sole risk, with no liability on the Company or any Company-related person’s part.
DISCLAIMERS
This Downloadable Material is intended to help you to make positive enhancements to your life. It does not constitute therapy nor is it a substitute for medical, psychiatric or psychological treatment. The Downloadable Materials are not intended to diagnose, cure or prevent any disease or disorder of any kind. If you have a medical or psychological condition, you should seek the advice of your doctor, therapist or other medical professional.
When using the Downloadable Material, you agree to always follow the instructions and acknowledge the disclaimers that come with the Information on the Websites, including the Disclaimers section of the Terms and Conditions.
THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THE PERFORMANCE, OPERATION OR CONTENTS OF THIS Downloadable Material, THE WEBSITES OR THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITES). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE INFORMATION AND THE WEBSITES ARE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
INTELLECTUAL PROPERTY RIGHTS
The Downloadable Material is copyright protected and is for personal use only. You may not use any part of the content for commercial purposes. You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Downloadable Material, the Websites, other recordings, trademarks, nominal or figurative, and all other marks, trade names, illustrations, images, or logos. Without limitation of the foregoing, additional terms can be found in the “Intellectual Property Rights” section of the Company’s Terms and Conditions.
LIMITATION OF LIABILITY
Your use of the Downloadable Material is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY COMPANY PERSON BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR INFORMATION, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF $100 OR A REFUND OF ALL PROGRAMS, PRODUCTS OR SERVICES PUCHASED BY YOU IN THE LAST TWELVE (12) MONTHS.
Without limitation of the foregoing, additional terms can be found in the “Intellectual Property Rights” section of the Company’s Terms and Conditions. Without limitation of the foregoing, additional terms can be found in the “INDEMNIFICATION, RELEASE OF CLAIMS, LIMITED LIABILITY AND DISPUTE RESOLUTION” section of the Company’s Terms and Conditions.
We reserve the right to discontinue this Downloadable Material or to suspend recordings at any time.