- Residency and Age. HBL disclaims any representations and/or warranties it makes in this Agreement which may apply to individuals who access the Service from countries other than the United States. By accessing and using the Service, you represent, warrant, and affirm that you are either at least 18 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of a corporation or other entity, you represent and warrant that you are authorized to do so.
- Independent Higher Brain Living Facilitators. Through your use of the Website or Service, you may have opportunities to meet and/or interact with independently certified Higher Brain Living® Facilitators (“Independent HBL Facilitators”). Independent HBL Facilitators are independent contractors that are trained and certified to facilitate the Higher Brain Living technique. Because they are independent contractors and not employees or agents of Higher Brain Living, LLC, any communications or agreements you enter into is between yourself and the Independent HBL Facilitator. Independent HBL Facilitators perform sessions, retreats, and other services wholly independent of HBL.
- Medical Disclaimer. HBL is a personal development and transformational program accessing the Higher Brain (pre-frontal cortex). The information in this Website is not intended or implied to be a substitute for professional medical, mental, emotional or psychological advice, diagnosis or treatment. All content, including text, graphics, images and information, contained in or available through this website is for general information purposes only. HBL makes no representation and assumes no responsibility for the accuracy of information contained in or available through this Website, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through an Independent HBL Facilitator, AWAKEN Center, Retreat, or the HBL Website with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ IN OR ACCESSED THROUGH THIS Website or any other Independent HBL Facilitator, AWAKEN Higher Brain Living™ Center or any HBL materials. HBL does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions or other information that may be contained in or available through this Website. HBL IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS WEBSITE.
- General Disclaimer. The Service, including, but not limited to the Website, any HBL materials, and the entirety of their contents, is provided “AS IS” and HBL hereby disclaims (except where prohibited by law) all express and implied warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose. HBL expressly disclaims any representation that:
- the Service will meet your requirements;
- access to the Service will be uninterrupted, timely, secure, or error-free;
- any information obtained through or from the Service will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet expectations; or
- any data or software errors will be corrected.HBL shall not be held responsible for technical malfunctions of any telephone system, cable system, computer equipment, server, provider, or software. HBL shall not be held responsible for any injury or damage to User’s computer resulting from use of the Service or service including, but not limited to, web page viewing, file downloading, server use or access, or following Service links. User accesses the Service at his/her own risk and is singularly responsible for any loss, damage, or costs incurred during such activity. HBL shall not be responsible for any incorrect or inaccurate content posted on the Service, regardless of the cause of such inaccuracy. HBL shall not be responsible for any conduct of any User of the Service. HBL shall not be responsible for any error, omission, interruption, deletion, defect, operational delay, communication line failure, or theft, destruction, or alteration of User’s communication. No data or information obtained from HBL or the Service shall create any warranty.
- General Use of Service. You agree to act responsibly when using the Service. You agree NOT to:
- use any content or information available through the Service for any unauthorized purpose;
- interfere with or damage the Service including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- collect, store, or distribute any information about any other user other than in the course of the permitted use of the Service;
- impersonate any person, company, or entity;
- modify, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service; or
- assist any third party in doing any of the foregoing.
- Proprietary Rights. All Service content, including HBL materials requested or ordered through the Service, is protected under international law and is owned by HBL, its licensors, or the party accredited as the provider. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service (excluding any licenses granted to HBL hereunder by you or third parties) (collectively, “HBL Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless expressly authorized in this Agreement, you agree not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from any HBL Content available on the Service.
- Links. The Service contains links to other internet sites and resources, and you acknowledge and agree that: 1) HBL shall not be responsible for the availability of such external sites or resources; and 2) HBL does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Services or resources. You agree that HBL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Service or resource.
- Limits on Liability. HBL, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, successors, or assigns (“HBL Parties”) shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising from or relating to: 1) the Service’s availability; 2) the acts, omissions, or conduct of any user or third party, whether online or offline; 3) any Service Content; 4) any goods or services acquired as a result of any information obtained or transactions entered into through the Service; or 5) any use of goods or services made available on any internet resource or webpage linked through the Service, even if the HBL parties have been advised of the possibility of such damages.The HBL parties’ aggregate liability to you in any matter arising from or related to the Service or the Agreement, shall not exceed the sum of fifty dollars ($50).
Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, HBL’s liability is limited to the extent permitted by law.
- Release. In consideration of being permitted to access and use the Service, you hereby agree to release the HBL Parties from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way related to disputes between you and third parties in connection with the Service, your access and use of the Service.In connection with the foregoing release, you hereby waive California Civil Code 1542 and any other applicable law or statute, which says in substances:
“A general release does not extend to claims the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Indemnification. You agree to indemnify and hold harmless the HBL Parties from and against any loss, liability, or expense, including reasonable attorneys’ fees and expenses and court costs, arising out of or related to: (1) your breach of any provision of this Agreement and/or any representation or warranty identified herein; or 2) any cost or expense HBL incurs in enforcing this Section. HBL reserves the right to control the defense and settlement of any action or proceeding against any HBL Party that you are bound to defend pursuant to the foregoing. .
- Termination. HBL, in its sole and unfettered discretion, may terminate your access to the Service for any reason including, without limitation, your breach of this Agreement. You agree that any termination of its access to the Service may be effected without prior notice, and you agree that: 1) HBL may immediately deactivate or delete any of your accounts and all related information and files in such accounts; and 2) bar any subsequent access to the Service. You agree that HBL shall not be liable to you for any costs or damages of any kind for or resulting from any termination of your Service access. HBL reserves the right to block users from certain IP addresses from accessing the Service.
- Discontinuance of Service. HBL reserves the right to modify or discontinue, temporarily or permanently, any portion of the Service without prior notice. You agree that HBL shall not be liable to you or to any third party for any modification or discontinuance of any portion of the Service.
- Take-Down Requests, DMCA. HBL expressly prohibits users from uploading, posting, or otherwise distributing through the Service any content which may violate another party’s privacy, publicity, intellectual property, or other rights. If any user believes any Service content violates or otherwise infringes upon any user’s rights, you are encouraged to contact HBL immediately to request that the allegedly offending content (“Offending Content”) to be removed from the Service. To make such a request (“Take-Down Request”), You should provide the HBL designed agent, listed below, with:
- the identity of the Offending Content in sufficient detail such that it can be readily located (e.g., “The photograph of <detailed description> available at http://www.higherbrainliving.com/item123”);
- User’s name, mailing address, email address, and telephone number; and
- the name, user id, email, telephone phone number, and mailing address of the person you believe posted the Offending Content (as available).In accordance with the Digital Millennium Copyright Act (“DMCA”), HBL has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Service content. If you believe in good faith that material appearing on this Service infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:
Higher Brain Living LLC
2255 S Michigan Ave, Chicago, IL 60616
Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3) (2006).
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this Service constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f) (2006).
HBL will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
- Choice of Law; Jurisdiction. This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law. Any proceeding arising out of or relating to this Agreement must be brought in the courts of Chicago, Illinois
- If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
- This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
- This Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.