DISCLAIMERS AND WAIVERS, LIMITATION OF LIABILITY, INDEMNITY AGREEMENT
This document is a Disclaimers and Waivers, Limitation of Liability, and Indemnity Agreement; hereafter referred to as "Agreement".
By participating in services offered by MindWise Protocol, LLC, you are agreeing to the following:
I. DISCLAIMERS AND WAIVERS
MindWise Protocol, LLC and its officers, directors, employees, agents, licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “indemnified parties“) and the indemnified parties listed below, are not liable under any circumstances or under any theory of liability in contract or tort (including negligence) for any loss, cost, damage, or indirect, incidental, special, exemplary, punitive, or consequential damages (including lost profits, lost data, personal injury, death, or property damage of any kind or any nature), even if MindWise Protocol, LLC has been advised of the possibility of such damages.
Workshop, Private Sessions, and Public Presentations:
MindWise Protocol, LLC shall not be liable for any damages, liability or losses arising out of: (i) your interest to learn hypnosis (ii) during your learning, you or another student/willing participant is harmed or injured, even if MindWise Protocol, LLC has been advised of the possibility of such damages. MindWise Protocol, LLC shall not be liable for delay or failure in performance resulting from causes beyond MindWise Protocol, LLC’s reasonable control. In no event shall MindWise Protocol, LLC’s total liability to you in connection with the services for all damages, losses and causes of action exceed one hundred U.S. Dollars (us $100).
You agree that MindWise Protocol, LLC has no responsibility or liability to you related to any coaching services by Dr. Emile Allen, his associates, or referrals to third parties not associated with MindWise Protocol, LLC.
Third Party Vendors:
You agree that MindWise Protocol, LLC has no responsibility or liability to you related to any purchase of goods provided to you by third party providers other than as expressly set forth in this agreement.
The limitations and disclaimer do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
II. LIMITATION OF LIABILITY
Under no circumstances will MindWise Protocol, LLC or any other of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond MindWise Protocol, LLC's or its control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
These limitations, exclusions and disclaimers apply to the maximum extent permitted by applicable law. Applicable law may not allow some of the exclusions, limitations, or disclaimers of liability contained in this agreement, so such exclusions, limitations or disclaimers may not apply to you.
You agree to indemnify and hold MindWise Protocol, LLC and its officers, directors, employees, agents, licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “indemnified parties“) harmless from any and all claims, demands, losses, liabilities, and expenses (including, without limitation, settlement costs and legal or other fees and expenses), arising out of, in connection with, or suffered or incurred by any of the indemnified parties arising out of, in connection with or related to any breach or alleged breach by you of this agreement, including (i) your use of the MindWise Protocol, the MindWise Protocol, LLC's educational services, or goods obtained through your use of the MindWise Protocol, LLC's services; (ii) your breach or violation of any provision of this agreement with MindWise Protocol, LLC.
Slander or libel will not be tolerated and will persecuted at the highest degree permissible by law. The offending party shall be responsible for all damages, including MindWise Protocol, LLC's legal fees (attorney fees and court costs, etc.).
MindWise Protocol, LLC shall not be responsible for the damages resulting from the reproduction or distribution of video / audio content or images that is not expressly permitted by the participant(s) recorded. This applies to a situation in which a workshop participant or presentation attendee of MindWise Protocol, LLC's records Dr. Emile Allen (or another participant) working with another workshop participant(s) or presentation attendee(s) and posts the content on social media, a website, other digital formats, or hard copy formats without the express consent of the recorded party(s).
V. RESTRICTIONS ON USE; LIMITED LICENSE
All content distributed in private sessions, workshops, or webinars (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, and printed documents, is our property or the property of our licensors or licensees. The compilation of the Content is our exclusive property, protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Content are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else.
We grant you personal and/or professional use of the Content.
If you are participating in Private Sessions with Dr. Emile or taken his one-day Pain Management Workshop, you may use the content and recordings provided to you for your personal use only. No Content may be shared, copied, reproduced, republished, downloaded, uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any personal or commercial purpose.
If you have taken a two-day Pain Management Workshop for hypnotists or health care professionals from Dr. Emile Allen, you may use the content and recordings provided from the workshop for the purposes of using his MindWise Protocol in your business. No Content may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose beyond this scope.
VI. APPLICABLE LAW AND DISPUTES
Your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement, will be governed by the laws of the United States of America and the State of Nevada, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Nevada. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to services or products you purchase through the MindWise Protocol, LLC shall be submitted to confidential binding arbitration in Clark County, Nevada, 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 Las Vegas, Nevada, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
By typing your name and date below, you are agreeing to all of the terms and conditions of this Agreement.