END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") is a legal agreement between you and Vision Works Publishing, LLC (VWP), governing the license and use of the informational content owned or licensed by VWP and made available for purchase on this website. All use by you of the information and content of The Certified Coaching Program in Self-Esteem Elevation for Children is governed by this EULA.
Please read this agreement carefully, because it is a legal contract and imposes obligations on you as a user.
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.
User License. VWP grants you the limited and non-transferable, right and license to download the informational products you have purchased from this website.
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 VWP. In the event that the owner, in whole or jointly, of the informational products is a party other than VWP, 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 products as if such party were a party to this EULA.
Restrictions. The following restrictions shall apply to your use of the products in any format and on any media:
(a) You may not copy or reproduce any portion of the products.
(b) You may not distribute, share through any information network, transfer, sell, lease, or rent any of the audio, video or written products 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 products.
(d) You may not use the products 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 or elsewhere in this EULA or the restrictions provided in the U.S. Copyright Act, 17 U.S.C. § 101, et. seq.
VWP or the owner of this website reserves the right, in their sole discretion, and from time to time, to change the format or content available on this website. These updated or re-formatted products may be made available to you for a fee. You agree that from time to time VWP or the owner of this website may remove or disable access to the informational products for indefinite periods of time, or any portion thereof, at any time, without notice to you.
NO MEDICAL ADVICE PROVIDED
THE CONTENTS OF THE PROGRAM 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 GUIDANCE PROVIDED IN OR VIA THE RECORDINGS IS SOLELY AT YOUR OWN RISK.
DISCLAIMER OF WARRANTIES AND LIABILITY
Disclaimer. VWP is making the program available to you on an "as is" and "as available" basis and you agree that your use of the program and all its contents is at your own risk. VWP DISCLAIMS ALL WARRANTIES THAT RELATE IN ANY WAY TO THE PROGRAM, 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. No warranties are hereby made regarding your ability to earn income as a Certified Coach in Self-Esteem Elevation as a result of taking and being certified by this program. No warranties are made regarding the competency level of anyone involved with or certified by this program and any coaching clients should be advised as such.
Indemnity. You shall defend, indemnify, and hold harmless VWP 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 program or its content.
Limitation of Liability. IN NO EVENT SHALL VWP 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 PROGRAM, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, AND ERRORS OR OMISSIONS IN CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER VWP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF VWP, IF ANY, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE PROGRAM SHALL NOT EXCEED IN THE AGGREGATE THE FEES ACTUALLY PAID BY YOU FOR THE APPLICABLE PROGRAM. 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).
Errors; Accuracy; Security. Though VWP uses reasonable efforts to ensure otherwise, the Program may contain errors or other inaccuracies and may not be complete, accurate, or current. VWP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (I) THE PROGRAM WILL BE ERROR-FREE, ACCURATE, OR CURRENT, OR (II) YOUR USE OF THE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM LOSS CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VWP DISCLAIMS ANY LIABILITY RELATING THERETO.
Choice of Law. This EULA shall be governed by the laws of the State of Massachusetts as to all matters, including but not limited to matters of validity, construction, effect, performance and remedy. Essex County, Massachusetts 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 the District Courts of Essex County, Massachusetts, or in the United States District Court for the Essex County Massachusetts.
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.
Assignment. You may not assign this EULA. Any assignment made in contravention of this provision shall be null and void for all purposes.
Binding Effect. This EULA shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
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.
REGISTRATION AND ACCEPTANCE
By purchasing any product on this website and downloading, watching, reading, listening to, or otherwise accessing any of the products, 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.