PLEASE READ THIS AGREEMENT CAREFULLY. On behalf of yourself and any business entity or sole proprietorship over which you have authority or control (collectively referred to as “You” or “Your”), by clicking “I Agree,” You agree to be bound by the following agreement (“Agreement”). You agree that the educational materials, graphics, videos, curriculum, and other information provided through this website to You (“Content”) by Body Correction by Jutkowitz, LLC and any of its affiliates or related business entities, owners, employees, and joint ventures (collectively referred to as “BCJ”) are provided solely for educational purposes, and in no way should be considered as a substitute for medical advice or treatment advice by a licensed physician who is familiar with Your personal medical circumstances, or the circumstances of others. The Content is provided to You for general informational purposes only, and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard or delay seeking medical advice because of the Content You have reviewed, provided by BCJ.
BCJ shall not be liable for any damage suffered by You or others, including but not limited to personal injury and death, as a result of your review or reliance upon BCJ’s Content. You shall defend, indemnify, and hold BCJ, its owners, employees, agents, and joint venturers harmless for any and all claims, actions, damages, losses, liabilities, and expenses, including attorney fees and costs expended, arising out of or related to this Agreement and any and all claims brought against You, by You, or by customers or third-parties related to the Content or to Your consuming or reliance upon the Content. This indemnification provision includes Your payment of BCJ’s reasonable attorney fees in the event BCJ is required to exercise its rights hereunder. You also hereby grant BCJ a non-exclusive, perpetual license to exhibit, reproduce, publish, display, and utilize all information and communications provided by You to BCJ, to assist BCJ in its marketing efforts. This Agreement shall continue in perpetuity. This agreement shall be governed by the laws of the State of North Carolina, and any disputes arising under this agreement shall be adjudicated in Mecklenburg County, North Carolina. Neither the waiver by BCJ of a breach of or a default under any of the provisions of the Agreement, nor the failure by BCJ, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder. In the event that it becomes necessary to institute legal action to enforce compliance with the terms of this Agreement, the parties agree that, at the conclusion of such legal proceedings, the losing party shall be solely responsible for all legal fees and costs incurred by the prevailing party, such fees and costs to be taxed by the court, including fees incurred during pre-trial, trial, and any applicable appeal or appeals. If any provision of this Agreement is found to be unenforceable or invalid, the Agreement shall be ineffective only to the extent of such provision and the validity of the remaining provisions of the Agreement shall not be affected, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. In the event that a court of competent jurisdiction determines by final judgment that the scope, time period, or geographical limitations of the covenants specifically set forth herein are too broad to be capable of enforcement, said court is authorized to modify said covenants and enforce such provisions as to scope, time and geographical area as the court deems equitable.
IMPORTANT: By purchase or use of the information supplied by Advanced Biostructural Correction™ and Jesse Jutkowitz (“ABC™”) which may include copywritten material such as the ABC™ Core Curriculum Training Program, programs and information presented in live seminars, or on electronic media such as DVDs or technical updates transmitted by email or other electronic means, created and developed by Jesse Jutkowitz ("ABC™ Materials") you agree to be bound by the terms and conditions of this Agreement. You are the person purchasing the license to the ABC™ Materials (“You”). This License Agreement covers all ABC™ Materials supplied pursuant to the related sale into which this Agreement is incorporated, including any further updates of the ABC™ Materials (the “Sale”). The information covered by this License Agreement includes all ABC™’s proprietary information and copywritten information.
GRANT OF LICENSE: ABC™ agrees to grant and You agree to accept, a single use, non-exclusive, non-transferable perpetual license to use each of the ABC™ Materials made available as part of the Sale, along with documentation identified in the related Sale of materials (the "LICENSED MATERIAL") in accordance with the terms and conditions of this License Agreement. If You are purchasing license to part of the ABC™ Materials, additional fees may apply for purchase of license to the remaining ABC™ Materials. The grant of rights to the LICENSED MATERIAL is NOT a sale of the Licensed Material or any portion thereof. ABC™ reserves all rights not expressly granted by this License Agreement.
This Agreement authorizes You to use the LICENSED MATERIAL only for personal enjoyment and use and for use by You in the operation of any related practice You may own. Use of the Licensed Material by other people in such practice is expressly prohibited, unless you obtain written permission from ABC™. Certification as an ABC™ Practitioner is a separate process not included in use of the LICENSED MATERIAL. Any other use is expressly prohibited, including teaching the ABC™ Materials to others, without the express written permission of ABC™.
OWNERSHIP AND USE: You may not copy the LICENSED MATERIAL. The LICENSED MATERIAL cannot be transferred via any media or in any form, including telecommunications lines.
You shall not create new work based upon, borrow or otherwise utilize, the ABC™ Material in whole or in part. You shall not sell, transfer, publish, disclose, display, or otherwise make available any LICENSED MATERIAL or copies thereof to others. Any modifications, alterations, or changes to the LICENSED MATERIAL, unless authorized by ABC™, shall terminate Your use of the LICENSED MATERIAL.
You acknowledge that the LICENSED MATERIAL is proprietary material created by ABC™ and Jesse Jutkowitz. You agree to secure and protect the LICENSED MATERIAL in a manner consistent with maintenance of ABC™’s rights therein and to take appropriate action by instruction or agreement with ABC™ to satisfy its obligations hereunder.
The terms of this License Agreement are applicable to the LICENSED MATERIAL only and take precedence over the terms of any purchase order or other document where such term is inconsistent with the terms of this LICENSE AGREEMENT.
OTHER RESTRICTIONS: You shall not use, transmit, or permit export of the LICENSED MATERIAL in any country. You shall not transfer or assign any of Your rights or obligations under a Sale or this License Agreement.
TERM AND TERMINATION: Term: Unless terminated as provided herein, the term of the LICENSED MATERIAL shall commence on the delivery date and shall be perpetual.
Termination
(a) This License Agreement will terminate automatically if any term of this License Agreement is violated by You. Termination of the License Agreement shall be in addition to, and not in lieu of any other legal or equitable remedies available to ABC™. Breach of this LICENSE AGREEMENT may result in financial penalties.
(b) Upon termination of the License Agreement, termination of the license to any of the Licensed Material, or termination of a Sale, You shall immediate cease use of the applicable Licensed Material and purge your system and records of such Licensed Material and, if requested, You will certify compliance with the foregoing in writing. In the event You elect to terminate the LICENSED MATERIAL without cause no pro-rata refund will be provided.
EXCEPT AS HEREIN SPECIFICALLY PROVIDED, THE LICENSED MATERIAL IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. ABC™ OR JESSE JUTKOWITZ SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE USE OF THE LICENSED MATERIAL OR ACTS OF ABUSE OR MISUSE BY YOU.
ABC™ does not warrant that the information contained in the LICENSED MATERIAL will meet Your requirements, or that the LICENSED MATERIAL or any additional data supplied will be error free.
ABC™ may, from time-to-time, revise or update the LICENSED MATERIAL including user documentation, and in so doing, incurs no obligation to furnish such revisions or updates to You. ABC™ may also provide Upgrades (defined below) to the LICENSED MATERIAL from time to time, which will be separately sold at prevailing market rates.
If You upgrade to a new release, i.e., major enhancements and/or new changes affecting functionality of the ABC™ Materials licensed by ABC™ (an “Upgrade”), the information provided hereunder may be transferred to the Upgrade at the then current subscription fee for the new release less credit for fees previously paid hereunder.
LIMITATION OF REMEDIES: ABC™’s entire liability and Your exclusive remedy shall be the replacement of any LICENSED MATERIALS and/or media which are returned to ABC™. This remedy is limited to the first month after the Sale, and then only with return of the non-functioning media to ABC™.
IN NO EVENT WILL ABC™ OR JESSE JUTKOWITZ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, ARISING OUT OF THE USE OR PERFORMANCE OF SUCH LICENSED MATERIALS BY YOU OR ANY THIRD PARTY EVEN IF ABC™ OR JESSE JUTKOWITZ HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL: This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of North .
The waiver or failure of ABC™ to exercise in any respect any right provided for herein shall not be deemed a waiver of any future right hereunder.
If any portions of this License Agreement are invalid under any applicable statute or rule of law to that extent they shall be deemed omitted from this License Agreement with the remainder of the agreement remaining intact.
YOU HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ABIDE BY ITS TERMS