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END USER LICENSE AGREEMENT FOR THE COMPLETE GUIDE TO MANIFESTATION - APPLICABLE WHEN YOU PURCHASE AND DOWNLOAD OUR PRODUCTS
ARTICLE 1: INTRODUCTION
This End User License Agreement (“EULA”) is a legal agreement between you and MindAlchemy.net, governing the license and use of The Complete Guide To Manifestation, bonuses, our content, recordings and audios owned or licensed by MindAlchemy.net and made available for purchase on the MindAlchemy.net website (collectively, the “Content”). All use by you of the Content 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 Content.
BY DOWNLOADING AND USING 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 DOWNLOADING ANY PRODUCT ON THIS WEBSITE, YOU FURTHER AGREE THAT YOU HAVE ACCEPTED THE TERMS AND CONDITIONS OF THIS EULA BEFORE READING OR USING OUR CONTENT IN ANY WAY, LISTENING TO ANY RECORDINGS OR TAKING ANY OTHER ACTION. IF YOU DO NOT AGREE TO THE EULA, YOU MUST NOT DOWNLOAD THE CONTENT OR USE IT, AND SHOULD DISPOSE OF IT PROMPTLY.
ARTICLE 2: USER LICENSE
2.1 User License. Subject to the terms and conditions and for the limited purposes set forth herein, MindAlchemy.net grants you the limited and non-transferable, right and license to: (i) download the Content you have purchased from this website and use the Content 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 MindAlchemy.net. In the event that the owner, in whole or jointly, of the Content is a party other than MindAlchemy.net, 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 Content as if such party were a party to this EULA.
2.3 Restrictions. The following restrictions shall apply to your use of the Content in any format and on any media: (a) You may not copy or reproduce any portion of the Content. (b) You may not distribute, share through any information network, transfer, sell, lease, or rent any of the Content 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 Content. (d) You may not decompile, reverse engineer, or disassemble any of the Content, in whole or in part. (e) You may not use the Content 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.
Mind Alchemy: Bend Your Reality Copyright © 2013. All Rights Reserved. Protected worldwide under the Berne Convention and other WIPO treaties.
2.4 License Code. On ordering any of the Content and accepting the EULA, MindAlchemy.net will issue you a license code. On accepting the EULA, MindAlchemy.net grants you a royalty free and worldwide license for personal use of the Content. This license is represented by a code designated by a series of numbers and letters and is exclusive to you. You are not allowed in any way to distribute your license code or product to others. This will result in access to the products being denied, and may lead to additional action. Furthermore, if you are not issued a license: a) you must purchase a license immediately from us and b) you are still subject to the Terms And Conditions of our website outlined on every page of our site regardless and c) You will still bound by the EULA if you have accepted it. In some cases, it is impractical for a license code to be issued (for example, when downloading lots of different audios on our site. In that case, you are still bound by the EULA for that Content, which you will have to accept in order to download and use that Content in the first place)
2.5 By purchasing any of our products, you also agree that we can record information to prevent fraud, including your geographic location and I.P. address, and these details will be registered in our licensing database. By purchasing or accessing any of our material and/or possessing it on your computer, you unconditionally accept and allow our tracking devices to be fitted on our guides and products to obtain this information. This does not affect any of our rights outlined in other clauses of the EULA which still apply. Our tracking devices will not under any circumstances record "strictly personal details" which is any information outside the scope of I.P address, geographic location, your name, serial number of the product in question and license number. YOU MUST NOT FULL DISABLE YOUR FIREWALL in any way when attempting to access our products and verify the license code, as this is not required and is potentially dangerous. It is your responsibility to ensure your firewall is sufficient and in good operating condition to withstand virus, trojan, hacking and other malicious attacks which can occur on the internet. WE WILL NOT BE HELD LIABLE IN ANY WAY WHATSOEVER IF YOU CHOOSE TO DISABLE YOUR FIREWALL OR EVEN IF THE FIREWALL IS MAINTAINED, FOR ANY MALICIOUS ATTACKS OCCURRING ON YOUR COMPUTER SYSTEMS.
We will not be responsible for any damages, injury or liability in anyway whatsoever arising from use of the licensing system.
ARTICLE 3: CHANGES TO CONTENT
MindAlchemy.net reserves the right, in their sole discretion, and from time to time, to change the format or content of the Content available on this website, or the media on which such Content are contained. These updated or re-formatted Content may be made available to you for a fee, or for free.
ARTICLE 4: NO MEDICAL ADVICE PROVIDED
4.1 No medical advice given. THE INFORMATION CONTAINED WITHIN THE CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NONE OF OUR PRODUCTS, ADVICE OR INFORMATION IS INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE IN ANY WAY WHATSOEVER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, INCLUDING MENTAL ILLNESS. RELIANCE ON ANY INFORMATION OR GUIDANCE PROVIDED IN OR VIA THE CONTENT IS SOLELY AT YOUR OWN RISK. PLEASE USE YOUR OWN JUDGEMENT AT ALL TIMES, AS ANY ADVICE GIVEN IS SOLELY OUR OPINION AND MAY BE ERRONEOUS IN RELATION TO YOUR CONDITION.
If you have a serious mental condition or are not in sound physical and mental health, you must not use the content without seeking medical advice and approval beforehand. IN ANY CASE, WHETHER YOU KNOWINGLY OR UNKNOWINGLY HAVE A MEDICAL CONDITION, YOU USE THE CONTENT AT YOUR OWN RISK, FULL KNOWING THE POTENTIAL RISKS INVOLVED AND WE WILL NOT BE HELD LIABLE IN ANY WAY WHATSOEVER FOR YOUR ACTIONS OR FOR ANY EFFECTS WHICH DERIVE FROM USE OF THE CONTENT.
You must also not use the Content in the following situations: a) if you are prone to negative effects due to hypnosis, or have a condition which can be affected by hypnotic states (since some techniques and audios in the Content can create a hypnotic state), b) you suffer from epilepsy, are prone to seizures or wear a pacemaker, c) if you are pregnant, especially in conjunction with the audios and supplementation programs of the Content, d) when operating heavy machinery or driving, e) when taking any medication or drugs, f) if you are in poor physical health, since some of the techniques in the Content involve physical exertion and exercise which may affect your health adversely. If you are unsure of any of these warnings, you should consult medical advice.
We also STRICTLY AND DIRECTLY STATE THAT IF ANY UNTOWARD OR UNUSUAL NEGATIVE EFFECTS OCCUR FROM USE OF THE CONTENT, THAT YOU EXERCISE COMMON SENSE AND DISCONTINUE USE IMMEDIATELY.
4.2 No guarantee of results. Every effort has been made to accurately represent the Content and it's potential to help you improve your life. However, as naturally the case, each person's success depends on his/her dedication to the Content, background, commitment, genetics, diet, fitness levels, lifestyle, and many other factors. Since these factors differ according to the individual, we cannot guarantee any results at all. Your individual results may vary hugely from what you see displayed in the Content or on the website in regards to testimonials. We offer no guarantee in any way whatsoever that you will increase IQ in any way from use of the Content.
4.3 Scientific research and other information. The Content, where applicable, attempts to use scientific research, author quotes and similar to provide information on the Content. In any case, a) THIS DOES NOT CONSTITUTE MEDICAL ADVICE OR FITNESS OF THE CONTENT FOR ANY MEDICAL CONDITION YOU MAY HAVE, b) This does not guarantee that you will receive similar or any gains or benefit in any way whatsoever, c) Any research provided may be erroneous or have gross omissions and you understand that this may be the case. This information is provided "as is" and is only provided to give additional information to help understand some aspects of the Content d) Some of the techniques and methods in the Content have no scientific research behind them (since no research has yet to be conducted or it proves too subjective for research to be conducted) and should be regarded as solely our opinion of the type of results you can expect, derived from our own private research. You use those techniques and methods at your own risk. e) Author quotes are provided under fair use of the quote f) The Content should not be regarded in any way whatsoever as a scientifically valid piece of work. All of the information contained in the Content is our sole opinion, with scientific references only being provided in the Content to give additional information to help explain and understand the techniques.
5.1 Disclaimer. MindAlchemy.net is making the Content available to you on an “as is” and “as available” basis and you agree that your use of the Content is at your own risk. MindAlchemy.net DISCLAIMS ALL WARRANTIES THAT RELATE IN ANY WAY TO 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 MindAlchemy.net and its 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 a third party that arises from your use or misuse of the Content.
5.3 Limitation of Liability. IN NO EVENT SHALL MindAlchemy.net OR 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 CONTENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, AND ERRORS OR OMISSIONS IN CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER MindAlchemy.net KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF MindAlchemy.net, IF ANY, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE CONTENT SHALL NOT EXCEED IN THE AGGREGATE THE FEES ACTUALLY PAID BY YOU FOR THE APPLICABLE CONTENT (WHICH FIGURE IS ALSO MENTIONED ON OUR WEBSITE, AND IS ALSO WRITTEN ON YOUR RECEIPT WHEN YOU PURCHASED THE CONTENT). 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. Though MindAlchemy.net uses reasonable efforts to ensure otherwise, the Content may contain errors or other inaccuracies and may not be complete, accurate, or current. MindAlchemy.net DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (I) THE CONTENT WILL BE ERROR-FREE, ACCURATE, OR CURRENT, OR (II) YOUR USE OF THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM LOSS CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MindAlchemy.net DISCLAIMS ANY LIABILITY RELATING THERETO. WE HIGHLY RECOMMEND THAT YOU KEEP YOUR FIREWALL CURRENT AND ACTIVATED AT ALL TIMES WHEN VERIFYING YOUR LICENSE. IT IS ALSO YOUR RESPONSIBILITY TO ENSURE THAT YOU USE SUFFICIENT ANTI-VIRUS AND FIREWALL PROTECTION TO PROTECT YOUR COMPUTER SYSTEMS.
ARTICLE 6: MISCELLANEOUS
6.1 Choice of Law. This EULA shall be governed by the laws of the United Kingdom (regardless of the laws that might otherwise govern under conflicts of law) as to all matters, including but not limited to matters of validity, construction, effect, performance and remedy. The United Kingdom shall be the proper place of venue for all suits to enforce this EULA, and any legal proceedings to enforce the provisions hereof shall be brought in Scotland of the United Kingdom.
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. Any 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. Summaries of this EULA may be found in The Complete Guide To Manifestation and our other products.
ARTICLE 7: REGISTRATION AND ACCEPTANCE
By downloading any product on MindAlchemy.net and listening to, or otherwise accessing any of the Content, you represent and warrant that you are 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 and downloading any Content from the MindAlchemy.net website (and where the purchase date is written on your receipt). If you did not purchase the Content and only downloaded it (for example, as part of a free bonus), the "Effective Date" is that date in which you first downloaded the Content from the MindAlchemy.net website.
Policy for refunds under the money back guarantee
The money back guarantee applies when a customer buys our products. Exceptions to the refund policy can be requested, but this must be through agreement with us. To request an exception, please e-mail us. In the standard case below, a refund claim by a buyer must be made within 60 days of use of the product.
The criteria for the refund policy is as follows: 1. You must provide us your full receipt, which details the order date and name of the product in question. 2. Any claims made after 60 days will not be accepted. 3. Refunds requested due to the inability of the customer to open and read our product, "Manifestation Intelligence: The Laws Of Mind System", or any of our free bonuses will not be accepted. It is the customer's responsibility to ensure that they possess the required software and hardware specifications in order to access and read our products. The product should always be accessible if Adobe® Reader® Version 7.0 or greater is used and appropriate software links are clearly signposted on the download page for our products. 4. It is the customer's responsibility to ensure that they have read the Policy for Refunds under the money back guarantee and the customer's failure to do so is entirely their own personal misgiving and failure. We at ManifestationIntelligence do not accept any responsibility for this. 5. By buying the product, the customer agrees to adhere to these terms and it is their own responsibility to ensure they read it. 6. Any further disputes between ourselves and the customer will be dealt with under our procedures which are highlighted above in the Terms and Conditions.
Jurisdiction and Other Points to Consider
If you use our web site from locations outside of the United Kingdom of Great Britain and Northern Ireland you are responsible for compliance with any applicable local laws.
These Terms And Conditions shall be governed by, construed and enforced in accordance with the laws of the United Kingdom (and of Scotland and regardless of the laws that might otherwise govern under conflicts of law) as to all matters, including but not limited to matters of validity, construction, effect, performance and remedy. Dundee, Scotland, United Kingdom shall be the proper place of venue for all suits to enforce this Terms and Conditions, and any legal proceedings to enforce the provisions hereof shall be brought in Dundee, Scotland of the United Kingdom.
To the extent you have in any manner violated or threatened to violate MindAlchemy.net and/or its affiliates' intellectual property rights,MindAlchemy.net and/or its affiliates may seek injunctive or other appropriate relief in any court within Scotland of the United Kingdom.
MindAlchemy.net may modify these Terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.
This is the end of the Terms and Conditions