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Terms of Use Agreement and Liability Disclaimer
Online course Terms of Use Agreement and Liability Disclaimer. This Online course and its videos, documents and other associated content (hereinafter inclusively referred to as “E-course”) has been produced by Dr. Eswar Kumar. When you purchase our E-course, you agree to this Terms of Use and Liability Waiver. All sales are final for online E-courses. No refunds are issued for online courses once a sale is completed. The supplies and props used for any exercises instructed are not included in the purchasing price of the E-course. The information in our E-course is for educational purposes only and is not intended to provide a medical diagnosis or substitute for medical advice. We make no representations, guarantees or warranties that the information or techniques and maneuvers in our E-course is appropriate for you or will result in improvement of your medical condition or function. The information in our E-course is by no means complete or exhaustive and therefore does not apply to all conditions, disorders and health-related issues. The information and instruction in this E-course is not intended to be medical treatment or medical advice, especially since we have not personally examined you and prescribed exercises specific to your individual condition. Any use of the terms “prescribe” or “prescription” in the E-course is referring to the precision with which the exercise should be done and is not intended to mean the exercises are being prescribed specifically for you or your condition(s). Any reference to or mention of any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to diagnose your particular problems. By purchasing this E-course, you acquire a nonexclusive, nontransferable, revocable license to access and use our copyrighted E-course and any associated materials solely for your own personal and non-commercial use. Our E-course is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our E-course is strictly prohibited. Your purchase of our E-course does not grant you any ownership rights to our E-course. Any breach in the terms of this agreement may result in termination of your access to the E-course materials. Our E-course may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Our E-course is intended solely for Users who are at least age 18 years of age or older. Any use of or access to our E-course by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By purchasing our E-course, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement. We will respond quickly to claims of copyright infringement as found in our E-course, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any copyrights are infringed by our E-course, please provide us with a written notice via mail, fax, or email that contains the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed; (3) A description of where the material that you claim is infringing is located on our Website; (4) Your address, telephone number, and email address; (5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us. When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security. THE CONTENT PROVIDED IN OUR E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Dr. ESWAR KUMAR, INCLUDING ALL HIS COMPANIES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR E-COURSE CONTENT. Dr. ESWAR KUMAR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR E-COURSE CONTENT. Dr. ESWAR KUMAR DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. IN NO EVENT WILL ESWAR KUMAR OR HIS CORPORATIONS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Dr. ESWAR KUMAR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE VIDEO(S) WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY. These conditions are governed by and interpreted following the laws of Sweden, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Indian Bonesetting and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Stockholm, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Sweden, or in the EU country in which you reside. DISPUTE RESOLUTION Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. Binding Arbitration Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Stockholm, Sweden. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Sweden. Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
