VANQUISH FEAR & ANXIETY
BY CONTINUING WITH THIS TRANSACTION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT
1. License and Use. CTRN Life U LLC ("Licensor"), hereby grants you a nontransferable, nonexclusive license to use the Vanquish Fear & Anxiety program and related documentation (collectively the "Program" or "Course") subject to the terms and conditions contained in this Agreement. Licensor retains title and ownership in the Program and all rights therein, except for those expressly granted by this Agreement. You may use the Program solely for personal noncommercial use. You may not use (or cause to be used) the Program for rental or for any similar purpose. If you desire to license or otherwise commercially exploit the Program, you must obtain a special license from Licensor for that purpose. You may not modify, loan, distribute, reproduce or create derivative works based upon the Program in whole or in part. Sub-licensing of the Program is prohibited.
2. Intellectual Property. You acknowledge and agree that the Program and all intellectual property rights thereto, including but not limited to copyright, trade mark, patent and trade dress, are owned by Licensor. Unauthorized use, reproduction and the like of the Program may subject you to penalties, including possible monetary damages.
3. NEITHER THE MATERIAL CONTAINED IN THE PROGRAM LICENSED PURSUANT TO THIS AGREEMENT NOR ANY COACHING THAT MAY OCCUR IN CONNECTION WITH USE OF THE PROGRAM OR OTHERWISE PROVIDED BY LICENSOR IS INTENDED FOR USE IN THE DIAGNOSIS, CURE, TREATMENT, OR PREVENTION OF DISEASE OR ANY OTHER MEDICAL OR MENTAL HEALTH CONDITION. THE USER IS URGED TO CONSULT WITH COMPETENT MEDICAL PROFESSIONALS OF USER'S CHOICE REGARDING THE DIAGNOSIS, CURE, TREATMENT, OR PREVENTION OF DISEASE OR ANY OTHER MEDICAL OR MENTAL HEALTH CONDITION.
4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR AN AUTHORIZED REPRESENTATIVE OF LICENSOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY SET FORTH IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO USERS IN THOSE JURISDICTIONS; HOWEVER, THE ABOVE DISCLAIMER SHALL BE APPLIED TO THE FULLEST EXTENT PERMITTED BY LAW IN EVERY JURISDICTION IN WHICH THIS PROGRAM AND ITS RELATED MATERIALS ARE DISTRIBUTED.
5. DISCLAIMER OF WARRANTY ON PROGRAM. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE PROGRAM WILL BE CORRECTED.
6. Lifetime Warranty. Licensor provides the following warranty to you if you purchase the boxed-CD version of the program and, in good faith, apply yourself diligently to the program to achieve success but ultimately feel you have not:If, after completing the boxed-CD version of course, you decide that the program was not everything Licensor promised, you may apply for a refund of the amount paid for the program. Completing the program is defined in paragraph (7) below. In common with industry practice, download-only versions of the program are non-refundable. This applies to the originally purchased version of the program. A subsequent upgrade from download-only to boxed-CD version does NOT render a purchase eligible for refund.
7. Completing the program. Completing the course means just that: fully applying yourself to successfully completing the program. The program is designed for success, not failure. That means you must apply yourself fully to the program, complete all of the exercises - and if necessary repeat the program until you achieve success. The workbook defines a minimum 24 day period, applying yourself to the program for at least one completely uninterrupted hour each day. Licensor requires that an individual committed to success complete the program at least twice, then live with the results for several weeks before determining the effectiveness of their outcome. To be eligible for a refund or rebate you must actively engage in the entire program focused on achieving a successful outcome. This means you must spend one hour per day for 24 days focused on repeated listening and application of the techniques the program teaches. If you are not satisfied with the results after the first 24 day period, you must repeat it a second time, after a break of 10 days. Because the nature of the changes made by the program are subtle and may in some cases take several weeks to develop you must wait a further month after the second completion of the program before applying for a refund.
8. Refund Eligibility. Because it is not possible for Licensor to monitor whether or not you have in fact completed the program according to this agreement (see paragraph 7 above) Licensor applies the following conditions to refunds:(1:) Applications will only be accepted for processing three calendar months after the date of original purchase, allowing the program to be fully completed as described in paragraph 7. Applications made before 3 calendar months from the date of purchase will be ignored: You must apply after the 3 month anniversary of the purchase. (2:) The completed workbook must be returned to Licensor as proof of your full engagement in the program. If upon inspecting the workbook Licensor determines that you have not engaged in and completed the program Licensor will not issue a refund. The workbook should be sent along with the other paperwork (see 3, below) to CTRN Refunds, 1 Grandview Avenue, Cornwall on Hudson, NY 12520, USA. (3:) Once opened by you the program is not resalable by Licensor, but can benefit others so must be donated to a local charity or library of your choice. The receipt for the donation sent to Licensor with your completed workbook to the address above. Only if all three of these conditions are met will you be eligible for a refund.
9: Rebates. From time to time Licensor offers a rebate to customers who complete the program and then offer their feedback on their experience with it. The feedback must be provided in full as a condition of receiving a rebate. Rebates DO NOT require the return of the completed workbook, but again may only be made once the program has been completed and you can properly report on the results you have experienced, so may only be applied for two calendar months after purchase. Rebate requests received before that time will neither be processed when submitted nor two months after the purchase. You must complete the rebate application AFTER the two months have elapsed.
10. LIMITATION OF LIABILITY. LICENSOR'S OBLIGATION TO REFUND YOUR PURCHASE PRICE IN ACCORDANCE WITH PARAGRAPH 8 HEREOF SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS AGAINST LICENSOR ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, WHETHER MADE OR SUFFERED BY YOU OR ANY OTHER PARTY AND WHETHER BASED IN CONTRACT OR TORT. UNDER NO CIRCUMSTANCES, WHETHER IN CONTRACT OR TORT, SHALL LICENSOR BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ANY LIABILITY OF LICENSOR OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PROGRAM SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO LICENSOR FOR THE PROGRAM.
11. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LICENSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, AGENTS AND LICENSORS HARMLESS FOR ANY CLAIMS ARISING OUT OF YOUR USE OF THE PROGRAM.
12. Term of Use. This License will terminate immediately without notice from Licensor if you fail to comply with any provision of this License. Upon termination, you must destroy the Program and all copies thereof, including, but not limited to, any archival copies made pursuant to this Agreement.
13. Attorneys' Fees. In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of this Agreement, the prevailing party shall be entitled to such attorneys' fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys' fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s).
14. Law; Venue. This Agreement shall be deemed executed in the State of New York and shall be interpreted and construed in accordance with the laws of the State of New York relating to contracts made and performed therein.
15. Rule of Construction. It is expressly agreed by the parties to this Agreement that the rule of construction that a document should be more strictly interpreted against the person who drafted it shall not apply to any provision.
16. Waiver. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any repetition of such breach or default or in any way affect any of the other terms and conditions hereof.
17. Severability. If any provision of this Agreement is judicially declared to be invalid, unenforceable or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of this Agreement, and the part(s) of this Agreement so held to be invalid, unenforceable or void shall be deemed stricken, and the Agreement will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of this Agreement shall have the same force and effect as if such part or parts had never been included.
18. Entire Agreement. This Agreement constitutes the entire agreement between you and Licensor and supersedes all prior agreements, understandings and proposals (whether written or oral) in respect to the matters specified.