You agree to these Terms by accessing or using these Audio Courses.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT LISTEN TO THESE AUDIO COURSES. You agree to comply with all rules, laws and regulations that are applicable to your use of the downloaded material.
The Audio Courses and content are owned by Zen DeBrücke and distributed at zenDeBrucke.com. It is protected as intellectual property. You may only use the Audio Courses as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Audio Courses.
Subject to your strict compliance with these Terms and any Additional Terms, Zen DeBrücke grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access, download, view, use and/or play a single copy of the Content. You must retain all copyright, trademark and other proprietary notices contained in the original Content on any copy you may make of the Content. You may not, nor may you allow or aid or abet any third party (whether or not for your benefit) to copy or adapt any content that comprises the Audio Course. Unless otherwise expressly authorized in these Terms, the Additional Terms or on the website, you further agree that you will not, in whole or in part, modify, reproduce, archive, transfer by any means, create derivative works from, publish in any form, online or offline, disseminate, or circulate to any third-party, or otherwise use the Content in any way for any public or commercial purpose.
Any audio files that Zen DeBrücke makes available for download or use for the Courses are the copyrighted work of Zen DeBrücke. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such material. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE AUDIO COURSES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH CONTENT.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE AUDIO COURSES WITHOUT LIMITATION, ALL CONTENT, PDF AND AUDIO FILES MADE AVAILABLE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE AUDIO COURSES; (B) THE CONTENT IN PDF AND AUDIO FILES PROVIDED. ZEN DEBRÜCKE DOES NOT WARRANT THAT THE AUDIO COURSES THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ZEN DEBRÜCKE DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE MATERIALS PROVIDED IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SHE SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING IT YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE CONTENT OF THESE AUDIO COURSES. FURTHER, ZEN DEBRÜCKE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE.
YOU UNDERSTAND AND AGREE THAT ZEN DEBRÜCKE LIMITS HER LIABILITY IN CONNECTION WITH YOUR USE OF THE AUDIO COURSES AS SET FORTH BELOW:
NEITHER ZEN DEBRÜCKE NOR HER AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
UNDER NO CIRCUMSTANCES SHALL ZEN DEBRÜCKE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THESE AUDIO COURSES AND THEIR CONTENT, PDF AND AUDIO FILES; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE AUDIO AND PDF FILES (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE AUDIO COURSE CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSES IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE FILES). IN NO EVENT WILL ZEN DEBRÜCKE AND INDIVIDUAL AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL ZEN DEBRÜCKE AND INDIVIDUAL AFFILIATES BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).
YOUR ACCESS TO AND USE OF THESE AUDIO COURSES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE COURSE(S) OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PROPERTY, PRODUCT, PROGRAM, AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY ZEN DEBRÜCKE, OR RECOMMENDED BY ITS AFFILIATES.
BY ACCESSING THIS AUDIO COURSE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.”
These AUDIO COURSES are for informational and educational purposes only and are not intended to replace or substitute for any professional financial, medical, legal, psychological or other advice. In addition to the “Disclaimer/Limitation on Liability” paragraph above, Zen DeBrücke makes no representations or warranties and expressly disclaims any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Audio Courses. If you have specific concerns or a situation in which you require professional, psychological or medical advice, you should consult with an appropriately trained and qualified specialist.
You agree to indemnify, defend and hold harmless Zen DeBrücke from and against any actual or alleged claims, demands, causes of action, investigations, settlements, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your use of the Audio Course(s); (2) your violation of these Terms or any law, rule or regulation; or (3) any inappropriate use of the Content. You will cooperate as fully and reasonably as required by Zen DeBrücke or the Affiliates in the defense of any claim. Zen DeBrücke reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Zen DeBrücke.
Zen DeBrücke distributes these Audio Courses in the United States. Information contained in the course may not be appropriate in other locations where access to this content may be illegal or prohibited. If you access these Audio Courses from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles, and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms any Additional Terms or your use of these Audio Courses must be filed in the County of Marin, City of Novato, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of Marin, City of Novato, State of California for any cause of action arising under these Terms or related to this Audio Course.
Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your Audio Course user access, or upon demand by Zen DeBrücke, you must destroy all materials obtained and all related documentation.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Content of these Audio Courses, pdf files and audio files. These Terms and any applicable Additional Terms contain the sole and entire agreement between the parties with respect to the use of these Audio Courses. You agree that these Terms or any Additional Terms will not be construed against Zen DeBrücke by virtue of having drafted these Terms. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by Zen DeBrücke. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
These Terms were last updated on July 20, 2010.