1. General Terms and Conditions of Use (hereinafter referred to as “Terms”)
2. The Demartini Institute (hereinafter referred to as “DI”).
3. The Demartini Institute Website (hereinafter referred to as “DI Site”)
4. The DI Site Visitor (hereinafter referred to as “You” or “Your”)
5. DI Site Products or Services (hereafter referred to as “Services”)
6. Any data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, hereinafter referred to as the “Information”.)
7. The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the DI Site, as well as the selection, assembly and arrangement thereof (collectively, hereinafter referred to as “Content”.)
8. DI and its affiliates, agents, service providers, employees, officers, directors, consultants, representatives, licensors, suppliers, advertisers, sponsors, successors and assigns (collectively, hereinafter referred to as the “DI’s Representatives”).
1.1 This Agreement governs the relationship between DI and You, with respect to Your use of the DI Site. By visiting or using the DI Site including, but not limited to (i) accessing, using and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the DI Site, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by this Agreement.
1.2 In consideration of your use of and access to the DI Site (and the promises and obligations herein, and intending to be legally bound), you and DI hereby agree as follows: Your access to and use of the DI Site is subject to these Terms, as well as any modifications issued by DI to these Terms, and all applicable laws and regulations. By using the DI Site, you agree to and will be deemed to be bound by these terms.
1.3 If you do not want to be bound by these Terms, do not use the DI Site. Among other things, DI provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them.
1.4 The Information available on or through use of the DI Site is provided for informational purposes only. The Information is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
1.5 Always seek the advice of a qualified medical professional with any questions you may have regarding your medical condition. Do not disregard professional medical advice or delay in seeking it because of Information on the DI Site. Reliance on any Information is solely at your own risk.
2.1 DI shall have the right, at any time and without prior notice and at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the DI Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional terms and conditions on the DI Site. You are responsible for reviewing the Terms periodically for any modification to this Agreement that may affect your rights or obligations hereunder.
2.2 You agree that you shall be deemed to be apprised of and bound by any modification by DI to these Terms. Any access or use of the DI Site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions.
2.3 No modification to these Terms by any party other than DI shall be valid or enforceable against DI unless expressly agreed to by DI in a writing signed by a duly authorized officer of DI.
These Terms are effective until terminated by DI. DI may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the DI Site and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. DI shall also have the right without notice and at any time to terminate the DI Site or any portion thereof, or any products or services offered through DI or the DI Site, or to terminate any individual’s right to access or use the DI Site or any portion thereof.
You agree to comply with all applicable international laws, statutes, ordinances and regulations regarding your use of the DI Site and your purchase of the items on the DI Site
5.1 The Content may contain errors, omissions, or typographical errors or may be out of date. DI may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on DI in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyright, trademark, common law and other proprietary rights that are owned by DI or by third parties that have licensed their use to DI.
5.2 You may view and use the Content only for your personal information and for shopping and ordering on the DI Site, and for no other purpose. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms of this Agreement and shall remain the property of DI and/or its licensors and/or suppliers. Except as provided in the foregoing, DI does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the DI Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium.
5.3 Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by DI, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the DI Site or any services or Information. Nothing contained on the DI Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of DI’s and/or its licensors’, suppliers’ or third party owners of trademarks or copyrights without the express written permission of DI, our licensors or suppliers, or the third party owner of any such trademark and/or copyright.
6.2 As part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You agree not to transfer or resell your use of or access to the DI Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at: email@example.com
You agree not to:
8.1 Engage in spamming or phishing attacks;
8.2 Transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
8.3 Restrict or inhibit any other visitor from using the DI, including, without limitation, by means of “hacking” or defacing any portion of the DI Site;
8.4 Express or imply that any statements you make are endorsed by us, without our prior written consent;
8.5 Upload any Materials (as defined below) that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the service or the DI Site;
8.6 Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, the DI Site or services;
8.7 Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the DI Site or Information;
8.8 Use the DI Site, Information or Services in any manner that is unlawful, including accessing the DI Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited;
8.9 “Frame” or “mirror” any part of the DI Site without our prior written authorization;
8.10 Use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the DI Site or its contents;
8.11 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials; and/or
8.12 Harvest or collect information about the DI Site visitors or members without their express consent.
9.2 You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
9.3 All amounts appearing on the DI Site are quoted in U.S. dollars. DI will add shipping and handling fees and applicable sales/use tax. Payments must be made using a valid credit card. Credit card payments are processed on by DI. DI reserves the right, without prior notice, to discontinue or change specifications and prices on products and services offered on the DI Site without incurring any obligation to you. Products displayed on the DI Site are available while supplies last. The receipt by you of an order confirmation does not constitute DI’s acceptance of an order. Prior to DI’s acceptance of an order, verification of information may be required. DI reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from DI, for any reason. DI reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
9.4 We reserve the right, without prior notification, to change our Shipping and Return policies at any time.
9.5 Items To Be Returned
(a) BOOKS, CD AND DVDs: If you’re not completely satisfied with your purchase, you may return it for a refund. We will issue a refund for the purchase price of the item plus any applicable taxes to your original form of payment for items returned within thirty (30) days. All returned items must be in their original condition; shrink-wrapped products must be unopened. Shipping fees are not refunded. You will be required to pay for return shipping.
(b) COURSES/PROGRAMS: If you have pre-paid for a course or program and cannot attend, you will be given a refund, less the deposit amount, within fifteen (15) days of your request for refund (which must be done in writing). Your deposit will be held as a credit to be applied to a future course or program within one (1) year of purchase.
9.6 Items That Cannot Be Returned
Digital content and other downloaded purchases including, but not limited to, downloadable PDFs or links for any products purchased through our website and shrink-wrapped items that have been opened, are not returnable. However, if you are having compatibility or quality issues with your content, please contact us at =$config['tel']?> for further assistance.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), DI has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the DI Site (the “Designated Agent”). All such notifications relating to the DI Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Service Provider: The Demartini Institute
Designated Agent: The Demartini Institute
11.1 We have no obligation to monitor the DI Site or any postings or other materials (such as streaming video) that you or other third parties transmit or post on the DI Site (the “Materials”). You acknowledge and agree that we have the right (but not the obligation) to monitor the DI Site and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the DI Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. The information and opinions posted in the Materials on the DI Site are not necessarily those of DI or its affiliates, and DI makes no representations or warranties regarding such posted Materials. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the DI Site or forums by third parties, whether such third parties are visitors to the DI Site, members of the DI Site or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, Materials or for any results obtained from the use of such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained from the Materials through the DI Site.
11.2 You represent and warrant to DI that (a) the Materials do not and will not infringe any rights of any third party(ies), and that the Materials do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Materials have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Materials.
11.3 Grant a non-exclusive license to DI with regard to the Materials he/she has submitted for the term of his/her copyright, and that the Materials be used by DI as it may determine and at its sole discretion. DI reserves the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast and distribute electronically any such Material including but not limited to education, publicity and promotion.
12.1 To the fullest extent permissible under applicable law:
(a) The Site (including all information) and the Services are provided “as is” and without warranties of any kind, either express or implied; and
(b) DI’s Representatives disclaim all warranties, express or implied, including, without limitation, the implied warranties of title, non-infringement accuracy, completeness, merchantability, quality, and fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance or usage of trade, and any warranties that the information and DI Site is current and/or up-to-date. DI and DI’s Representatives do not warrant that the information, DI Site or Services, nor your use of the foregoing, will be complete, accurate, current, reliable, uninterrupted, error-free or secure, nor that defects will be corrected, nor that the DI Site or the service(s) on which the DI Site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the DI Site, and all charges related thereto. You assume all responsibility and risk for your use of the DI Site and/or Services and/or Information and your information and your reliance thereon. No opinion, advice or statement of DI or any of DI’s Representatives, whether made on or in connection with the DI Site or Service or Information shall create any warranty.
12.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the services or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law. You may also have other rights under applicable law which vary from state to state.
12.3 DI and DI’s Representative are under no obligation to verify the identity of users of DI’s Site, Services, and/or Information. DI and DI’s Representatives do not control the materials posted or submitted to the DI Site and/or the services by persons other than themselves and do not monitor, screen, police or edit those materials for compliance with applicable laws or these Terms and Conditions. You may find some of the materials posted by other users to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the DI Site.
12.4 Through your use of the DI Site, Services and/or Information, you may have the opportunity to engage in commercial transactions with third parties. All such transactions are at your own risk. DI’s Representatives are not parties to any such transactions and disclaim all liability regarding all such transactions.
You agree to fully indemnify, defend and hold DI, any of DI’s representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Materials you transmit to the DI Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the DI Site.
Notwithstanding the failure of essential purpose of any limited remedy of any kind, neither DI nor any of DI’s Representatives, nor their directors, officers, employees, consultants or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages or liabilities under any contract, negligence, strict liability or other theory arising out of or relating in any manner to the DI Site, Information, Services and/or any linked site, whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to this Site, the Information, Services, or any linked site is to stop using the DI Site, Service, or linked site. DI’s sole and exclusive maximum liability to you for all damages, losses, cause of action, whether in contract, tort (including, without limitation, negligence) or otherwise arising out of or relating in any manner to the Site, shall be the amount paid by you for use of the Site, Information and/or Services. 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.
You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under eighteen (18) years of age, then you must obtain permission from a parent or guardian before accessing the DI Site.
Should you have any questions, comments or complaints regarding this Agreement or the DI Site, please contact us at:
The Demartini Institute
2800 Post Oak Boulevard, Suite 5250
Houston, Texas 77056
Or email us on firstname.lastname@example.org