END USER LICENSE AGREEMENT
ARTICLE 1: INTRODUCTION
1.1 IMPORTANT-READ CAREFULLY: This GeniusIntelligence.com End User License
Agreement ("EULA" or "License" or “Agreement”) is a legal agreement between You
(either an individual or an entity, who will be referred to in this License as
"You" or “Your”) and GeniusIntelligence.com, a trading name of Mind One Digital
Ltd (a private company limited by shares incorporated and registered in
Scotland, United Kingdom, Company Number SC401083 and whose Registered Address
is 24 Great King Street, Edinburgh, EH3 6QN, United Kingdom, and who will be
referred to in this License as "GeniusIntelligence.com" or "We", "Us" or "Our")
governing the license and use of The Complete Guide To Genius, bonuses, our
content, recordings and audios owned or licensed by GeniusIntelligence.com and
made available for download on the GeniusIntelligence.com website (collectively,
the “Content” or "Product"). All use by You of the Content is governed by this
EULA. The Content also includes any software updates and upgrades that
GeniusIntelligence.com may provide to You or make available to You, or that You
obtain after the date You obtain Your initial copy of the Product, to the extent
that such items are not accompanied by a separate license agreement or terms of
use.
1.2 By downloading or using any Content on this website, You will be bound by
this EULA, and You signify Your consent to the license grants contained herein
as well as the terms and conditions of this EULA. By downloading any Content on
this website, You further warrant that You have legal capacity to enter into
this contract, agree that You understand and have accepted the terms and
conditions of this EULA before reading or using the Content in any degree,
listening to any recordings or taken any other action. If You do not agree to
the EULA, You must not download the Content or use it, and should dispose of it
promptly. The “Effective Date” of this EULA shall mean the date on which You
first accepted this EULA by purchasing and downloading any Content from
GeniusIntelligence.com or downloading any product on GeniusIntelligence.com and
listening to, or otherwise accessing any of the Content.
ARTICLE 2: USER LICENSE
The Content is protected by copyright laws as well as other intellectual
property laws. The Product is licensed and not sold.
2.1 Grant Of License. GeniusIntelligence.com grants You a non-exclusive,
non-transferable license to download and use the Content subject to all the
terms and conditions of the License contained herein.
2.2. Single-Use Perpetual License. You may permit a single authorized end user
to download the Content on a single computer for use by that end user only.
Remote access is not permitted without the express written consent of
GeniusIntelligence.com.
2.3. Additional Limitations. You may not reverse engineer, decompile, or
disassemble the Content, except and only to the extent that it is expressly
permitted by applicable law notwithstanding this limitation. You may not rent,
lease, lend or transfer the Content, or host the Content for third parties. You
may not change, alter, modify, or create derivative works, enhancements,
extensions, or add-ons to any of the Content. You may not use the Content for
commercial purposes, or purposes other than Your personal use and enjoyment. The
Content is licensed as a single integral product; its component parts may not be
separated for use on more than one computer. The Content may include copy
protection technology to prevent the unauthorized copying of the Content or may
require original media for use of the Content on the computer. It is illegal to
make unauthorized copies of the Content or to circumvent any copy protection
technology included in the Content. The Content may not be resold either by You
or a third party customer without the prior written permission of
GeniusIntelligence.com. All rights not expressly granted to You are retained by
GeniusIntelligence.com.
2.4 Compliance. You will at all times comply with, and will not circumvent or
attempt to circumvent, any of the restrictions on use set forth herein. The
Content is subject to trademark and copyright under The Complete Guide to
Genius™ Copyright © 2012. All Rights Reserved. Registered with the United States
Copyright Office, Registration Number TX 6-878-772 and Copyright Witness,
Registration Number 288939. Protected worldwide under the Berne Convention and
other WIPO treaties.
2.5 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 GeniusIntelligence.com. The Content may contain third party
software that GeniusIntelligence.com can grant a sublicense to use and which is
also protected by copyright law and other applicable laws. In the event that the
owner of the Content is a party other than GeniusIntelligence.com, in whole or
jointly, 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 Content as if such party were
a party to this EULA, and such is hereby incorporated into this Agreement by
this reference.
2.6 License Code. Upon ordering certain of the Content, You thereby agree to
accept the EULA, whereupon GeniusIntelligence.com will issue You a license code.
This code is designated by a series of numbers and letters and is exclusive to
You. You are not allowed in any way to distribute Your license code or product
to others. This will result in access to the Content being denied, will
presumptively result in damage to GeniusIntelligence.com, and may lead to
additional action.
2.7 Licensing system. By downloading any of our Content, You also agree that
GeniusIntelligence.com can record Your geographic location and I.P. address,
Your name, serial number of the product and license number, and You acknowledge
and accept that these details will be retained in Our licensing database. By
downloading, accessing or installing any of Our material and/or possessing it on
Your computer, You unconditionally accept and allow Our tracking devices to be
fitted on Our guides and products in order to obtain this information. Our
tracking devices will not under any circumstances record "strictly personal
details" which includes but is not limited to any information outside the scope
of Your I.P address, geographic location, Your name, serial number of the
product in question and license number. YOU MUST NOT FULLY DISABLE YOUR FIREWALL
when attempting to access Our products and/or verify the license code, as this
is NOT REQUIRED and is potentially dangerous. It is Your responsibility to
ensure Your firewall is sufficient and in good operating condition to withstand
virus, trojan, hacking and other malicious attacks which can occur on the
internet. WE WILL NOT BE HELD LIABLE IN ANY WAY WHATSOEVER WHETHER OR NOT YOU
CHOOSE TO DISABLE YOUR FIREWALL OR EVEN IF THE FIREWALL IS MAINTAINED, FOR ANY
MALICIOUS ATTACKS OCCURRING ON YOUR COMPUTER SYSTEMS WHILE ACCESSING OUR
CONTENT. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, INJURY OR
LIABILITY IN ANYWAY WHATSOEVER ARISING FROM USE OF THE LICENSING SYSTEM.
2.8 Notice of special offers and product updates. On acceptance of the EULA, We
will add Your details to a special newsletter which will provide special offers
and product updates. This will be in the form of a mailing sent to the e-mail
address that You have given Us on purchase or download of the Content. You
consent to allowing Us to contact You with these special offers and updates. You
can remove yourself from these mailings at any time, by hitting the
“unsubscribe” link within any emails sent by GeniusIntelligence.com.
ARTICLE 3: CHANGES TO CONTENT
GeniusIntelligence.com reserves the right, in its sole discretion, and from time
to time, to change the format or content of the Content available on this
website, or the media on which such Content is contained. The updated or
re-formatted Content, if any, may, but is not required to be made available to
You for a fee, or for free.
ARTICLE 4: NO MEDICAL ADVICE PROVIDED
4.1 No medical advice given. THE INFORMATION CONTAINED WITHIN THE CONTENT IS NOT
INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR
TREATMENT. NONE OF OUR PRODUCTS, ADVICE OR INFORMATION IS INTENDED TO DIAGNOSE,
TREAT, CURE OR PREVENT ANY DISEASE IN ANY WAY WHATSOEVER. ALWAYS SEEK THE ADVICE
OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU
MAY HAVE REGARDING A MEDICAL CONDITION, INCLUDING MENTAL ILLNESS. RELIANCE ON
ANY INFORMATION OR GUIDANCE PROVIDED IN OR BY WAY OF THE CONTENT IS SOLELY AT
YOUR OWN RISK. PLEASE USE YOUR OWN JUDGEMENT AT ALL TIMES, AS ANY ADVICE GIVEN
IS SOLELY OUR OPINION AND MAY BE CONTRARY TO YOUR INTERESTS IN RELATION TO YOUR
CONDITION.
IF YOU HAVE A SERIOUS MENTAL CONDITION OR ARE NOT IN SOUND PHYSICAL AND MENTAL
HEALTH, YOU MUST NOT USE THE CONTENT WITHOUT SEEKING MEDICAL ADVICE AND APPROVAL
BEFOREHAND. IN ANY CASE, WHETHER YOU KNOWINGLY OR UNKNOWINGLY HAVE A MEDICAL
CONDITION, YOU USE THE CONTENT AT YOUR OWN RISK, FULL KNOWING THE POTENTIAL
RISKS INVOLVED AND WE WILL NOT BE HELD LIABLE IN ANY WAY WHATSOEVER FOR YOUR
ACTIONS OR FOR ANY EFFECTS WHICH RESULT FROM USE OF THE CONTENT.
NOTE
YOU MUST ALSO NOT USE THE CONTENT IN THE FOLLOWING SITUATIONS: a) IF
YOU ARE PRONE TO NEGATIVE EFFECTS DUE TO HYPNOSIS, OR HAVE A CONDITION WHICH CAN
BE AFFECTED BY HYPNOTIC STATES (SINCE SOME TECHNIQUES AND AUDIOS IN THE CONTENT
CAN CREATE A HYPNOTIC STATE), b) IF YOU SUFFER FROM EPILEPSY, ARE PRONE TO
SEIZURES OR WEAR A PACEMAKER, c) IF YOU ARE PREGNANT, ESPECIALLY IN CONJUNCTION
WITH THE AUDIOS AND SUPPLEMENTATION PROGRAMS OF THE CONTENT, d) WHEN OPERATING
HEAVY MACHINERY OR DRIVING, E) WHEN TAKING ANY MEDICATION OR DRUGS, f) IF YOU
ARE IN POOR PHYSICAL HEALTH, SINCE SOME OF THE TECHNIQUES IN THE CONTENT INVOLVE
PHYSICAL EXERTION AND EXERCISE WHICH MAY AFFECT YOUR HEALTH ADVERSELY. IF YOU
ARE UNSURE OF ANY OF THESE WARNINGS, YOU SHOULD CONSULT MEDICAL ADVICE.
CAUTION
IF ANY UNTOWARD OR UNUSUAL NEGATIVE EFFECTS OCCUR FROM USE OF THE CONTENT,
PLEASE EXERCISE COMMON SENSE AND DISCONTINUE USE IMMEDIATELY.
4.2 No guarantee of results. Every effort has been made to accurately
represent the Content and its potential to help You improve Your life. However,
as is naturally the case, each person's success depends upon amongst other
factors his/her: dedication to the Content; background; commitment; genetics;
diet; fitness level; and lifestyle (the aforementioned list is not intended to
be exhaustive). Since these factors differ according to the individual, We
cannot guarantee any results at all. Your individual results may vary
substantially from what You see displayed in the Content, on the website or in
testimonials. We offer no guarantee in any way whatsoever that You will increase
Your IQ in any way from use of the Content.
4.3 Scientific research and IQ gains. The Content, where applicable, attempts to
use scientific research to provide information on the Content. In any case, a)
THIS DOES NOT CONSTITUTE MEDICAL ADVICE OR APPROPRIATENESS OF THE CONTENT FOR
ANY MEDICAL CONDITION YOU MAY HAVE, b) This does not guarantee that You will
receive gains similar to those shown on the Website or in the Content or any
gains in IQ or cognitive ability to any degree whatsoever, c) Any research
referenced may be erroneous or have gross omissions. All information and content
provided is provided "as is" and is only provided for the purpose of adding to
your understanding of some aspects of the Content. d) Some of the techniques and
methods in the Content have no researched scientific basis as no such research
has yet to be conducted or such techniques, methods and/or content is too
subjective for valid research to be conducted which could lead to relevant
conclusions, and should therefore be regarded solely as the opinion of
GeniusIntelligence.com as to the results you can expect. Any significant
increase in Your testing IQ should be considered an exceptional result and in
any case, will require strong dedication and commitment to achieve, f) The
Content should not be regarded in any way whatsoever as scientifically valid or
significant. All of the information contained in the Content is solely the
opinion of GeniusIntelligence.com. g) Any comment made in relation to herbal
supplements is solely the opinion of GeniusIntelligence.com. It is Your
exclusive responsibility to conduct Your own investigation regarding any of the
claims made by GeniusIntelligence.com pertaining to any herbal supplements you
take in relation to the Content and to discuss the same with Your medical
provider.
ARTICLE 5: DISCLAIMER OF WARRANTIES AND LIABILITY
5.1 Disclaimer. GeniusIntelligence.com is making the Content available to You on
an “as is” and “as available” basis and You agree that Your use of the Content
is at Your own risk. GENIUSINTELLIGENCE.COM DISCLAIMS ALL WARRANTIES THAT RELATE
IN ANY WAY TO 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.
5.2 Indemnity. You shall defend, indemnify, and hold harmless
GeniusIntelligence.com and its employees and agents, from and against any and
all suits, proceedings, claims, losses, and damages (including reasonable
solicitors', lawyers' or attorneys’ fees) related to: (i) any breach by You, or
which You allow, of this EULA, and (ii) any claim by a third party that arises
from Your use or misuse of the Content.
5.3 Limitation of Liability. IN NO EVENT, SITUATION OR CIRCUMSTANCE SHALL
GENIUSINTELLIGENCE.COM OR ITS OFFICERS, DIRECTORS, AGENTS, ASSIGNEES OR
LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER,
INCLUDING SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE CONTENT. THIS
INCLUDES BUT IS NOT LIMITED TO LOST PROFITS, LOSS OF DATA, AND ERRORS OR
OMISSIONS IN CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER
GENIUSINTELLIGENCE.COM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY EVENT, YOU AGREE THAT THE TOTAL LIABILITY OF
GENIUSINTELLIGENCE.COM, IF ANY, ARISING OUT OF OR IN CONNECTION WITH THIS EULA
OR YOUR USE OF OR INABILITY TO USE THE CONTENT SHALL NOT EXCEED IN THE
AGGREGATE, THE FEE PAID TO ACCESS THE CONTENT. 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.
5.4 Errors; Accuracy; Security. Though GeniusIntelligence.com uses reasonable
efforts to ensure otherwise, the Content may contain errors or other
inaccuracies and may not be complete, accurate, or current.
GENIUSINTELLIGENCE.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (i) THE
CONTENT WILL BE ERROR-FREE, ACCURATE, OR CURRENT, OR (ii) YOUR USE OF THE
CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM LOSS, CORRUPTION,
ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND
GENIUSINTELLIGENCE.COM DISCLAIMS ANY LIABILITY RELATING THERETO. WE HIGHLY
RECOMMEND THAT YOU KEEP YOUR FIREWALL CURRENT AND ACTIVATED AT ALL TIMES WHEN
VERIFYING YOUR LICENSE. IT IS ALSO YOUR RESPONSIBILITY TO ENSURE THAT YOU USE
SUFFICIENT ANTI-VIRUS AND FIREWALL PROTECTION TO PROTECT YOUR COMPUTER SYSTEMS.
ARTICLE 6: MISCELLANEOUS
6.1 Choice of Law. This EULA shall be governed by the laws of Scotland, United
Kingdom, regardless of the laws that might otherwise govern under conflicts of
law as to all matters, including but not limited to matters of validity,
construction, effect, performance and remedy and the parties agree to submit to
the jurisdiction of the Scottish courts in the event of any dispute.
6.2 Severability. Each of the provisions aforementioned are independent of, and
shall survive the failure of, any other provision in this Agreement. Further,
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.
Should the removal or omission of any provision deemed invalid or unenforceable
result in their being a gap in this Agreement, the invalid provision or gap
shall be replaced or filled by such other provision coming, if and to the extent
legally permitted, as close as possible to what the parties hereto had intended.
6.3 Assignment. You may not assign this EULA. Any assignment made in
contravention of this provision shall be null and void for all purposes.
6.4 Binding Effect. This EULA shall be binding on and inure to the benefit of
the parties and their respective successors and permitted assigns/assignees.
6.5 Entire EULA. This EULA constitutes the entire EULA and understanding of the
parties in respect to the subject matter contained herein, and supersedes all
prior agreements, consents and understandings relating to such subject matter.
6.6 Headings. The headings in this EULA are for convenience only and shall not
affect its interpretation.
End of EULA details