Life Skills: Surviving to Thriving

IMPORTANT! PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY BEFORE LISTENING TO THIS AUDIO COURSE, AS THEY AFFECT AND GOVERN YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS APPLY TO ALL AUDIO COURSES BY ZEN DEBRUCKE AND THE SMART SOUL ACADEMY (HOWEVER ACCESSED AND/OR USED, WHETHER VIA PERSONAL COMPUTERS, MOBILE DEVICES, OR OTHERWISE) AND OTHER INTERACTIVE FEATURES THAT ARE ACCESSIBLE OR DOWNLOADABLE THROUGH THE INTERNET. THESE TERMS GOVERN YOUR USE OF THE DOWNLOADED MATERIAL.

You agree to these Terms by accessing or using this Audio Course.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT LISTEN TO THIS AUDIO COURSE. You agree to comply with all rules, laws and regulations that are applicable to your use of the downloaded material.

OWNERSHIP OF CONTENTS/LICENSE

This Audio Course content is owned by Zen DeBrucke and the Smart Soul Academy and is protected as intellectual property. You may only use the Audio Course as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Audio Course.

Subject to your strict compliance with these Terms and any Additional Terms, Zen DeBrucke and the Smart Soul Academy grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access, download, view, use and/or play a single copy of the Content. You must retain all copyright, trademark and other proprietary notices contained in the original Content on any copy you may make of the Content. You may not, nor may you allow or aid or abet any third party (whether or not for your benefit) to copy or adapt any content that comprises the Audio Course. Unless otherwise expressly authorized in these Terms, the Additional Terms or on the Web Site, you further agree that you will not, in whole or in part, modify, reproduce, archive, transfer by any means, create derivative works from, publish in any form, online or offline, disseminate, or circulate to any third-party, or otherwise use the Content in any way for any public or commercial purpose.

SOFTWARE

Any audio files that Zen DeBrucke and the Smart Soul Academy makes available for download or use for the Course is the copyrighted work of Zen DeBrucke and the Smart Soul Academy. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such material. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE AUDIO COURSE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH CONTENT.

COPYRIGHTS AND COPYRIGHT AGENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DISCLAIMERS/LIMITATIONS ON LIABILITY

THE AUDIO COURSE WITHOUT LIMITATION, ALL CONTENT, PDF AND AUDIO FILES MADE AVAILABLE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE AUDIO COURSE; (B) THE CONTENT IN PDF AND AUDIO FILES PROVIDED. ZEN DEBRUCKE AND THE SMART SOUL ACADEMY DOES NOT WARRANT THAT THE AUDIO COURSE THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ZEN DEBRUCKE AND THE SMART SOUL ACADEMY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE MATERIALS PROVIDED IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, HE SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING IT YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE CONTENT OF THIS AUDIO COURSE. FURTHER, ZEN DEBRUCKE AND THE SMART SOUL ACADEMY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES. INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

YOU UNDERSTAND AND AGREE THAT ZEN DEBRUCKE AND THE SMART SOUL ACADEMY LIMITS HIS LIABILITY IN CONNECTION WITH YOUR USE OF THE AUDIO COURSE AS SET FORTH BELOW:

NEITHER ZEN DEBRUCKE OR THE SMART SOUL ACADEMY NOR HER AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

UNDER NO CIRCUMSTANCES SHALL ZEN DEBRUCKE AND THE SMART SOUL ACADEMY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THIS AUDIO COURSE AND ITS CONTENT, PDF AND AUDIO FILES; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE AUDIO AND PDF FILES (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE AUDIO COURSE CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSES IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE FILES). IN NO EVENT WILL ZEN DEBRUCKE AND THE SMART SOUL ACADEMY AND INDIVIDUAL AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL ZEN DEBRUCKE AND THE SMART SOUL ACADEMY AND INDIVIDUAL AFFILIATES BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).

YOUR ACCESS TO AND USE OF THIS AUDIO COURSE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE COURSE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CONTENT.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PROPERTY, PRODUCT, PROGRAM, AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BYZEN DEBRUCKE AND THE SMART SOUL ACADEMY OR ITS AFFILIATES.

BY ACCESSING THIS AUDIO COURSE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

NO PERSONAL ADVICE

This AUDIO COURSE, is for informational and educational purposes only and is not intended to replace or substitute any professional financial, medical, legal, psychological or other advice. In addition to the "Disclaimer/Limitation on Liability" paragraph above, Zen DeBrucke and the Smart Soul Academy makes no representations or warranties and expressly disclaims any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Audio Course. If you have specific concerns or a situation in which you require professional, psychological or medical advice, you should consult with an appropriately trained and qualified specialist.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Zen DeBrucke and the Smart Soul Academy from and against any actual or alleged claims, demands, causes of action, investigations, settlements, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your use of the Audio Course; (2) your violation of these Terms or any law, rule or regulation; or (3) any inappropriate use of the Content. You will cooperate as fully and reasonably as required by Zen DeBrucke and the Smart Soul Academy or the Affiliates in the defense of any claim. Zen DeBrucke and the Smart Soul Academy reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Zen DeBrucke and the Smart Soul Academy

LOCATION

Zen DeBrucke and the Smart Soul Academy distributes this Audio Course in the United States. Information contained in the course may not be appropriate in other locations where access to this content may be illegal or prohibited. If you access this Audio Course from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles, and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms any Additional Terms or your use of this Audio Course must be filed in the County of Orange, City of Dana Point, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of Orange, City of Dana Point, State of California for any cause of action arising under these Terms or related to this Audio Course.

TERMINATION

Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your Audio Course user access, or upon demand by Zen DeBrucke and the Smart Soul Academy, you must destroy all materials obtained and all related documentation.

MISCELLANEOUS

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Content of this Audio Course, pdf files and audio files. These Terms and any applicable Additional Terms contain the sole and entire agreement between the parties with respect to the use of this Audio Course. You agree that these Terms or any Additional Terms will not be construed against Zen DeBrucke and the Smart Soul Academy by virtue of having drafted these Terms. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by Zen DeBrucke and the Smart Soul Academy. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

CONTACT US

If you have any questions, comments or concerns about the Audio Course or these Terms of Use, you may contact info@smartsoul.com

EFFECTIVE DATE

These Terms were last updated on June 20, 2010