End User License Agreement  (EULA)

Article 1: Introduction

This End User License Agreement ("EULA") is a legal agreement between you and Steve G. Jones Clinical Hypnotherapy, LLC. ("Jones"), governing the license and use of the audio content owned or licensed by Jones and made available for purchase on this website (collectively, the "Recordings"). All use by you of the Recordings is governed by this EULA.

Article 2: User License

2.1 User License

Subject to the terms and conditions and for the limited purposes set forth herein, Jones grants you the limited and non-transferable, right and license to: (i) download the Recordings you have purchased from this website and listen to the Recordings on devices owned by you; and/or (ii) listen to the compact disc or other tangible medium containing the Recordings you purchased from this website on devices owned by you.

2.2 Ownership

You hereby acknowledge that nothing in this EULA is meant or shall be deemed to give you any rights in any works of authorship or copyrights owned or licensed by Jones. In the event that the owner, in whole or jointly, of the Recordings is a party other than Jones, you agree that such party shall be a third party beneficiary under this EULA and shall have the right to enforce the terms and conditions of this EULA that pertain to such party's rights in and to the Recordings as if such party were a party to this EULA.

2.3 Restrictions

The following restrictions shall apply to your use of the Recordings in any format and on any media:

• You may not copy or reproduce any portion of the Recordings.
• You may not distribute, share through any information network, transfer, sell, lease, or rent any of the Recordings to any other person or entity, in whole or in part.
• You may not change, alter, modify, or create derivative works, enhancements, extensions, or add-ons to any of the Recordings.
• You may not decompile, reverse engineer, or disassemble any of the Recordings, in whole or in part.
• You may not use the Recordings for commercial purposes, or purposes other than your personal use and enjoyment.
• You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth in this Section 2.3 or elsewhere in this EULA or the restrictions provided in the U.S. Copyright Act, 17 U.S.C. § 101, et. seq.

2.4 Reservation of Rights

Neither this EULA, nor any act, omission, or statement by Jones or you, conveys any ownership right in any of the Recordings, or to any element or portion thereof, or other materials provided by or on behalf of Jones under this EULA. Except for the licenses expressly granted to you in this EULA, all right, title, and interest in and to the Recordings are and will remain with Jones and its licensors. No use by Jones of the Recordings in any medium or manner shall be deemed to interfere with the limited permissions made to you by Jones herein.

Article 3: Order, Acceptance, Payment, Shipping, Returns and Refunds

3.1 Order

By downloading, listening to, or otherwise accessing the Recordings, you represent and warrant that you are 18 years of age or older, capable of entering into a binding legal agreement, and have read, understand, and agree to be bound by all provisions of this EULA. For purposes of this EULA, the "Effective Date" shall mean the date on which you first accepted this EULA by ordering any product(s) from this website.

3.2 Acceptance

You agree that your order is an offer to buy, under this EULA the Recordings listed in your order. All orders must be accepted by Jones or it will not be obligated to sell the Recordings to you. Jones may choose not to accept any orders in its sole discretion.

3.3 Pricing

All prices posted by Jones are subject to change without notice. The price charged for Recordings will be the price in effect at the time the order is placed. Price increases will apply only to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. Jones is not responsible for pricing, typographical, or other errors in any offer by Jones and it reserves the right to cancel any orders arising from such errors.

3.4 Payment Terms

Terms of payment are within Jones' sole discretion and, unless otherwise agreed by Jones in writing, payment must be received by Jones before acceptance of an order. You represent and warrant that (i) the credit card information you supply to Jones is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

3.5 Shipment

With respect to Recordings provided by compact disc or other tangible medium, Jones will arrange for shipment of the Recordings to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. Jones is not liable for any delays in shipments.

3.6 Returns and Refunds

Article 4: Changes

Jones or the owner of this website reserve the right, in their sole discretion, and from time to time, to change the format or content of the Recordings available on this website, or the media on which such Recordings are contained. These updated or re-formatted Recordings may be made available to you for a fee. You agree that from time to time Jones or the owner of this website may remove or disable access to the Recordings for indefinite periods of time, or any portion thereof, at any time, without notice to you.

Article 5: No Medical Advice Provided

Article 6: Disclaimer of Warranties and Liability

6.1 Disclaimer

Jones is making the Recordings available to you on an "as is" and "as available" basis and you agree that your use of the Recordings is at your own risk. JONES DISCLAIMS ALL WARRANTIES THAT RELATE IN ANY WAY TO THE RECORDINGS, THE CONTENT OR ANY PORTIONS OR COMBINATIONS THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, AVAILABILITY, ACCURACY, ADEQUACY, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

6.2 No Earnings Guaranty

You acknowledge and agree that Jones makes the Recordings available strictly for educational and informational purposes, and that Jones makes no assurance, representation, or promise to you regarding your future earnings or income, or that you will make a specific amount of money, or any money at all, or that you will not lose money. You acknowledge and agree to Jones' Earnings Disclaimer, which is posted on the Jones website at https://stevegjones.com/earnings/ and which is made a part of this EULA just as if it was set forth fully herein.

6.3 Indemnity

You shall defend, indemnify, and hold harmless Jones and its employees and agents, from and against any and all suits, proceedings, claims, losses, and damages (including reasonable attorneys' fees) related to: (i) any breach by you of this EULA, and (ii) any claim by a third party that arises from your use or misuse of the Recordings.

6.4 Limitation of Liability

IN NO EVENT SHALL JONES OR ITS OFFICERS, DIRECTORS, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE RECORDINGS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, AND ERRORS OR OMISSIONS IN CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER JONES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF JONES, IF ANY, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE RECORDINGS SHALL NOT EXCEED IN THE AGGREGATE THE FEES ACTUALLY PAID BY YOU FOR THE APPLICABLE RECORDINGS. THE PROVISIONS HEREIN CONCERNING LIMITATIONS OF LIABILITIES AND DAMAGES ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE INDEPENDENT OF, AND SHALL SURVIVE THE FAILURE OF, ANY OTHER PROVISION IN THIS AGREEMENT (INCLUDING EXCLUSIVE REMEDIES).

6.5 Errors; Accuracy; Security

Though Jones uses reasonable efforts to ensure otherwise, the Recordings may contain errors or other inaccuracies and may not be complete, accurate, or current. JONES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (I) THE RECORDINGS WILL BE ERROR FREE, ACCURATE, OR CURRENT, OR (II) YOUR USE OF THE RECORDINGS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM LOSS CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND JONES DISCLAIMS ANY LIABILITY RELATING THERETO.

Article 7: Recordings Not For Resale

You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying Recordings for your own personal or household use only, and not for resale.

Article 8: Privacy

Jones respects your privacy and is committed to protecting it. Jones' Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Recordings through the Jones website.

Article 9: Miscellaneous

9.1 Choice of Law

This EULA shall be governed by the laws of the State of Nevada (regardless of the laws that might otherwise govern under applicable Nevada principles of conflicts of law) as to all matters, including but not limited to matters of validity, construction, effect, performance and remedy. Clark County, Nevada shall be the proper place of venue for all suits to enforce this EULA, and any legal proceedings to enforce the provisions hereof shall be brought in the District Courts of Clark County, Nevada.

9.2 Severability

The invalidity or unenforceability of any provision of this EULA shall not affect the validity or enforceability of the remaining provisions, and this EULA shall be construed as if such invalid or unenforceable provisions were omitted, unless the omission of such provision would deprive one of the parties of a material benefit of its bargain hereunder.

9.3 Assignment

You may not assign this EULA. Any assignment made in contravention of this provision shall be null and void for all purposes.

9.4 Binding Effect

This EULA shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

9.5 Entire Agreement

This EULA, including the Jones website terms of use, the Jones Privacy Policy, the Jones Earnings Disclaimer, and any other documents expressly referred to herein, constitute the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein and supersedes all prior agreements, consents and understandings relating to such subject matter.