2. Use License
- Subject to the terms of this Agreement, the Company hereby grants to you a limited, non-transferable, royalty-free, and non-exclusive license to use the School and content of the online courses (“Course Materials”). The Course Materials includes the recorded video and audio course sessions, recorded meditations, transcripts of the course sessions, graphic illustrations, and other course materials made available in or through this website.a. Permission is granted to temporarily download one copy of the Course Materials from the Company’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these Course Materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the Course Materials. Except as specifically set forth in this Agreement, the Company owns and retains all right, title, and interest in the website or content and any and all related Course Materials.
The Course Materials are provided “as is.” The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Course Materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Modifications and Changes
The software, content, availability and access and all other features, attributes or aspects of the Course Materials are subject to change, modification, additions or deletions at any time without notice at the Company’s sole discretion. The Course Materials could include technical, typographical, or photographic errors. The Company does not warrant that any of the Course Materials are accurate, complete, or current. The Company does not, however, make any commitment to update the Course Materials.
The Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked website is at the user’s own risk.
6. Risks and Waiver of Liability
I understand there are risks involved with any truly transformational program. I understand that I am participating in Courses in evolutionary spiritual practice. I recognize that the Course Materials include psychological, social and spiritual exercises that might be strenuous, stressful, and trigger physical, mental, psychological, and spiritual reactions.
I am fully aware of the risks and potential hazards involved in participating in such cutting edge transformative work. I understand that my participation in the Courses may release strong emotions and disorienting experiences, and I accept this possibility and the results of such emotional releases and disorientations. I acknowledge there are risks and dangers involved in my participation that the Company and its principals, employees, and contractors (collectively, Course Facilitators) cannot eliminate.
I understand that the Course Materials and associated support from Thomas Hübl and Course Facilitators are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that Thomas Hübl, the Company or Course Facilitators are not acting as mental health counselors or medical professionals, nor are they licensed as such.
Not all products and services are suited for everyone. The Company does not assume, and shall not have, any liability to users for injury or loss in connection with the School or Courses. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment or any action following the information, links or referrals offered or provided within or through the website or Course Materials. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health professional. Never disregard the medical advice of a psychologist, physician or other health professional, or delay in seeking such advice, because of the information offered or provided within, through the website, or Course Materials.
a. I am well enough to participate.
- Physical & Psychological Fitness. I acknowledge, represent, and warrant that I am physically and psychologically fit and have no medical condition that would prevent my full participation in the Courses.
- Personal Monitoring. I further understand that I am responsible to monitor my body and to immediately stop any exercise or activity that causes me any unacceptable discomfort, emotional distress or pain.
- Deep Relaxation and Altered States. I understand that certain exercises may produce a deep state of relaxation or an altered state of consciousness that may continue for many hours after the exercise is completed. I acknowledge that I may need to refrain from driving a vehicle or operating machinery after such an exercise session, and only commence when I am again capable of safely driving or operating machinery.
b. I accept and assume risks. I acknowledge that I am solely responsible for my welfare. In consideration for being permitted to participate in the Courses, I agree to assume full responsibility for all risks, injuries or damages, both known and unknown, that, though unlikely, might occur from my participating in such activities.
c. Independent assistance. I understand I may seek and obtain further counseling and/or crisis support from coaches, counselors or licensed therapists experienced with the principles of participating in the Courses or otherwise, all of whom are independent of the Company and Thomas Hübl. The Company assumes no responsibility with respect to the selection of a counselor or therapist or the outcome of treatment. I agree that in seeking such assistance I am relying solely on my own choice of such a person and am not relying on the Company for any assurance of success or warranty of outcome.
d. LIABILITY WAIVER AND COST INDEMNIFICATION: Because I acknowledge and assume full responsibility for my own physical, mental, and emotional health and well-being, I agree to waive all claims of liability and any lawsuit or other proceeding alleging injury to my person or property connected with my participation in the Courses. The intended beneficiaries of this waiver include Thomas Hübl, the Company, and its directors, officers, advisors, independent contractors, employees, mentors, trainers, and Course Facilitators. I agree to hold harmless and indemnify all such parties for any costs and legal fees arising from any legal or other claim or allegation of harm, injury, or negligence due to my participation in the Courses.
e. Release and waiver is as broad as possible. I agree that this release and waiver will be interpreted as broadly as the law allows, and that if part of this waiver is deemed invalid then the balance shall remain in effect.
In no event shall the Company be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School's website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
8. Applicable Law and Disputes
These Terms and Conditions of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms and Conditions of Use, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Terms and Conditions of Use were a contract wholly entered into and wholly performed within the State of California.
Any dispute relating in any way to your use of the website or Course Materials shall be submitted to confidential binding arbitration in Marin County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Marin County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Terms and Conditions of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney fees. In the event that any of the terms and conditions are held by an arbitrator, court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, so that the remaining terms and conditions shall otherwise remain in full force and effect.
LAST UPDATED MAY 28, 2018