The “An Exceptional You” Web Site (the “Site”), e-Book (the “Electronic Book”) and Program (the “Program”) is an online information service provided by An Exceptional You (“An Exceptional You”), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT, AS WELL AS OUR DISCLAIMER AND REFUND POLICY CAREFULLY BEFORE ACCESSING OR USING THE SITE, E-BOOK OR PROGRAM. BY ACCESSING OR USING THE SITE, E-BOOK OR PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND IN THE REFUND POLICY AND DISCLAIMER. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE, E-BOOK OR PROGRAM. An Exceptional You MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE, BOOK OR PROGRAM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.Copyright, Licenses and Idea Submissions.
The entire contents of the Site, e-Book and Program are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are An Exceptional You, and it’s affiliates. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site, e-Book or Program solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to An Exceptional You a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to An Exceptional You by all means and in any media now known or hereafter developed. You also grant to An Exceptional You the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against An Exceptional You for any alleged or actual infringement or misappropriation of any proprietary right in your communications to An Exceptional You.
Publications, products, content or services referenced herein or on the Site, e-Book or Program are the exclusive trademarks or servicemarks of An Exceptional You. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2.Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by An Exceptional You, An Exceptional You does not operate, control or endorse any information, products or services on the Internet in any way. Except for An Exceptional You- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with An Exceptional You.
You also understand that An Exceptional You cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, E-BOOK, PROGRAM AND THE INTERNET. An Exceptional You PROVIDES THE SITE, E-BOOK, PROGRAM AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND An Exceptional You SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. An Exceptional You DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. An Exceptional You HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL An Exceptional You BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF An Exceptional You OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, An Exceptional You LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
An Exceptional You makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-An Exceptional You web site, please understand that it is independent from An Exceptional You, and that An Exceptional You has no control over the content on that web site. In addition, a link to a An Exceptional You web site does not mean that An Exceptional You endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless An Exceptional You, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4.Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of An Exceptional You and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Site, E-Book and Program* is solely intended as reference materials only and not as a medical or professional advice. The Information provided is intended to give you the tools to make informed decisions about your lifestyle and personal appearance, not health. It should not be used as a substitute for any treatment that has been prescribed or recommended by your doctor or qualified healthcare professional.
An Exceptional You and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service expressly disclaim any responsibility for any adverse effects occurring as a result of use of the suggestions or information provided on this Site, E-Book or Program*. An Exceptional You does not and cannot claim this to be, in any way, shape, or form, a substitute for any surgical, drug, or other body-related treatments for your individual case. This Site, E-Book and Program is offered as current information available about the subject for your own education. If you suspect you have a serious condition, it is imperative that you seek proper medical attention. And, as always, never begin any new procedures or exercises, including anything mentioned on this Site, E-Book and Program without first consulting with your doctor or a qualified healthcare professional.
An Exceptional You does not claim to cure or remedy any illness, chronic disorder, or health condition. No promises or health claims are made for this Site, E-Book and Program*. You agree to assume any and/or all risk associated with or derived from, directly or indirectly, the usage of the information contained on this Site, E-Book and Program*. An Exceptional You and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service shall have neither responsibility nor liability for the consequences, injuries, or loss relating to the information provided on this Site, E-Book or Program*.
Best efforts have been used to prepare the material presented on this Site, E-Book and Program*. An Exceptional You and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service however do not warrant the results for the effectiveness of this information contained on this Site, E-Book and Program*. Results vary due to individual efforts and factors. An Exceptional You may not be held liable, in any circumstance, for damages or loss, including but not limited to special or incidental cases.
By reading the information contained on this Site, E-Book and Program* you agree that you understand that the content provided is for educational and entertainment purposes only. By reading the information found on this Site, E-Book and Program* you agree that you will check, or do already understand, and will abide by all state, federal and local laws, rules, statutes, regulations and community standards in the use of this material. If necessary, you will seek proper legal or professional advice beforehand.
Please see our refund policy. There are no refunds for services rendered for any reason.
*Program refers to all services and content of the Brain Power Program that An Exceptional You offers.