User Agreement on Products

By purchasing and using the Product, you agree to be bound by this User Agreement.

Mindinfusions Therapy Sessions (“Product”) refer to the CD(s) or downloadable file(s) which contain audio recordings as well as accompanying documentation and other proprietary material that belong to MINDVISION PTY LTD (“MINDVISION”).  Use of the Product is subject to this User Agreement (“Agreement”), which is a legal agreement between you and MINDVISION.  Under this Agreement, MINDVISION grants to you a non-exclusive, non-transferable license to use the Product solely in accordance with the terms and conditions of this Agreement.

1. You may use the Product solely for personal non-commercial purposes.  Copying of the Product is permitted for personal backup or archival purposes only.

2. You shall not:
(1) Allow anyone but yourself to be exposed to this Product during use;
(2) Reproduce, duplicate, modify, adapt, reverse engineer, decompile, translate or otherwise tamper with the Product, in whole or in part, or develop any derivative works thereof;
(3) Sell, distribute, license, sublicense, lend, rent, lease, export or otherwise transfer the Product, in whole or in part, to others;
(4) Broadcast, stream online, publicly perform, upload, share or otherwise use the Product outside the scope of personal non-commercial use, in whole or in part; or
(5) Allow or enable others to use the Product to perform or attempt to perform any of the prohibited acts referred to in (1) through (4) above.
Performance of any of the aforementioned prohibited acts shall automatically result in the termination of your license.

3. The Product is protected by copyright.  MINDVISION retains all title and ownership of the audio recordings as well as accompanying documentation and other proprietary material on the CD(s) or downloadable file(s), and any and all copies thereof, regardless of form or media.  You may be held legally responsible for any copyright infringement that is caused by your failure to abide by the terms of this Agreement.

4. The use of the Product shall be solely at your own risk.  MINDVISION shall not be responsible for misuse of the Product.  The Product is provided “as is” and without warranty of any kind, and MINDVISION explicitly disclaims all warranties, express or implied, including but not limited to the implied warranties of title, merchantability, non-infringement and fitness for a particular purpose, to the fullest extent permitted by law.

To the extent permitted by law, MINDVISION does not warrant that the Product will meet your requirements or that any defects in the Product will be corrected.  To the full extent permitted by law, you agree to indemnify and hold harmless MINDVISION, its Directors, officers, employees, owners, agents, representatives, etc. against any liabilities, penalties, demands or claims arising out of the use of the Product.  To the extent permitted by law, in no event will MINDVISION be liable to you or any other person or entity for any damages of any kind or nature, whether arising in contract, tort or otherwise, including but not limited to, any lost profits, lost savings or other indirect, incidental, consequential, special or exemplary damages arising out of the use of the Product, even if such damages are foreseeable or if MINDVISION has been advised of the possibility of such damages, and in any event, any liability of MINDVISION arising out of or in connection with this Agreement or your use of the Product shall not exceed the amount paid by you to MINDVISION for the Product.

5. No oral or written information or advice given by MINDVISION or its authorized representative(s) shall create or constitute a warranty in any way.

6. This Product is not intended for use in the diagnosis, cure, treatment, or prevention of disease or any other medical or mental health condition.  You shall seek expert advice from a competent medical professional in regards to the suitability and safety of the Product for you.

7. This Agreement will terminate immediately without notice from MINDVISION if you fail to comply with any provision of this Agreement.  Upon termination, you shall destroy the Product and all copies thereof.

8. This Agreement shall be governed by and interpreted in accordance with the laws of New South Wales, Australia.  Any disputes relating to this Agreement shall be resolved by a court of competent jurisdiction within New South Wales, Australia.  If any provision of this Agreement is found to be unenforceable for any reason, it shall be deemed severable from this Agreement, and shall in no way affect the enforceability of the remaining provisions of this Agreement.

9. Non-exercise by MINDVISION of its right(s) shall in no way constitute a future waiver of such right(s) or of any of the provisions of this Agreement.

10. This Agreement constitutes the entire agreement on the Product between you and MINDVISION and supersedes all prior agreements, understandings and proposals (whether written or oral) relating to the Product.