Terms and conditions

IMPORTANT! These terms of use govern your use of this site, which is provided by our company. By accessing this site, you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by our company at any time at our discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly.

David Powers Training is the owner of DavidPowersTraining.com (“Website”), and all contents found herein. “You” or “your” refers to the user or visitor of any websites owned by DavidPowersTraining.com

As a visitor to or user of these websites and the Content found on them, including downloads, meditations, and courses, it is your responsibility to read these Terms and Conditions carefully. I reserve the right to change these Terms and Conditions on the Websites at any time without notice, and by using the Website and its Content, you agree to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use this Website or its Content.

Intellectual Property Rights

Our Limited License to You:

This Website and its Content is property solely owned by David Powers Training, unless otherwise noted. Copyright, trademark, and other intellectual property laws protect the content found therein. If you view, purchase, or access this Website or any of its Content, you are considered a Licensee. As a Licensee, you are granted a revocable, non-transferable license for personal, non-commercial use, limited to you only.

When you purchase or access our Website or any of its Content, you agree that

• You will not copy, duplicate, or steal my Website or Content. Doing anything with my Website or its Content contrary to these T&C and the limited license provided is considered theft. I reserve the right to prosecute theft to the full extent of the law. 

• Where downloads are permitted, you may download or print one copy for your personal, non-commercial use, provided that you give David Powers Training full attribution and credit by name. You agree to keep intact all copyright, trademark, and other proprietary notices. If used electronically, you must include the link back to the Website page where you obtained the Content

• You may not in any way at any time use, copy, adapt, imply or represent that my Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use, you in no way assume any ownership rights of the Content. Claiming any Content from my Website as your own is theft.

• You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium any Content from this Website.

• You are granted a limited license to enjoy my Website and its Content for your personal use, not for business, commercial purposes, or any way that earns you money. As a Licensee, you understand and acknowledge that I have developed this Website and its Content through the investment of significant time, effort and expense and that this Website and its Content are valuable, special and unique assets of mine, protected from improper and unauthorized use.

I clearly state that you may not use this Website or its Content in a manner that constitutes an unlawful infringement of my rights. The trademarks and logos displayed on my Website or its Content are trademarks belonging to Ashley Stinson unless otherwise indicated. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without my written permission.

I reserve all rights not expressly granted in these terms or any express written license.

USER CONTENT.

You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

INAPPROPRIATE CONTENT.

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Request for Permission to Use Content

Any request for written permission to use my Content, or any other intellectual property or property belonging to me, will be made before you wish to use the Content by completing the “Contact” form on this Website. You may also submit a request by sending an e-mail to david@davidpowerstraining.com.

I clearly state that you may not use any Content in any way that is contrary to these T&C unless I have given you specific written permission to do so. If permitted, you agree to use the explicit Content that I allow and only in the ways I have explicitly stated. If you choose to use the Content in ways that I do not specifically permit, I will treat you as if you had copied, duplicated, and stolen such Content from me. You consent to stop using the Content immediately, and you will take whatever actions I may request, and by the methods and timeframe that I prescribe to protect the intellectual property and ownership rights of my Website and its Content.

Website Disclaimer

My Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with my Website and its Content. I am not liable for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, incorrect application of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however, and whether caused by negligence, breach of contract or otherwise, even if foreseeable.

You expressly acknowledge and agree that I am not liable for any defamatory, offensive, or illegal conduct of any other Website participant or user, including you.

Technology Disclaimer

I try to ensure that the availability and delivery of this Website and its Content are uninterrupted and error-free. However, I cannot guarantee that your access will not be suspended or restricted from time to time. Technology interruptions may include repairs, maintenance, or updates. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or any other recourse, should our Website or its Content become unavailable, slow, or incomplete due to any reason. Technology is subject to system back-up procedures, internet traffic volume, upgrades, an overload of requests to the server, general network failures or delays, or any other cause which may make my Website or it’s Content inaccessible to you.

Errors and Omissions

I make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information on my Website or its Content. I have made every effort to present you with the most accurate, up-to-date information. However, the nature of work at David Powers Training  is continually evolving, and I cannot be held responsible or accountable for the accuracy of this Content. I assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites

I may provide links or references to other websites maintained by third parties, which may take you outside of my Website or its Content. I provide external links for your convenience. The inclusion of a link or reference does not imply endorsement, sponsorship, or approval of the source. I do not endorse and am not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in my Website or its Content, or their accuracy or reliability. I have no control over the contents or functionality of those websites and accept no responsibility for any loss, damage, or otherwise, that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Limitations on Linking and Framing

You may establish a hypertext link to my Website or Content. The link will not state or imply any sponsorship, endorsement, or ownership with my Website or Content and does not state or imply that I have sponsored, endorsed, or have ownership rights in your Website.

You may not frame or inline link my Content without my written permission.

Indemnification, Limitation of Liability and Release of Claims Indemnification

You agree at all times to defend, indemnify and hold harmless my Company, as well as any of my affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against all claims, causes of action, damages, liabilities, costs, and expenses. You waive all rights to legal fees or costs arising out of or related to our Website, and it’s Content or your breach of any obligation, warranty, representation or covenant outlined in these T&C or any other agreement with us.

Limitation of Liability

I will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on my Website and its Content. I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with me.

I do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who is engaged in rendering our Website or its Content, or in any way or any location. When you use my Website and its Content or any other information provided by me or affiliated with me, I assume no responsibility.

Release of Claims

In no event will I be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on my Website and its Content, or on those affiliated with me in any way, and you now release me from all claims. Without limitation, those claims related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if I am advised of the possibility of such damages or difficulties.

Your conduct

You agree that you will not use my Website or its Conduct in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in any way.

You understand that you are solely responsible for all electronic communications and Content sent from your computer to this Website and its Content and me.

You agree to only purchase goods or services for yourself or for another person for whom you have legal permission to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content.

You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. You must use the Website and its Content for lawful purposes only.

You agree that you will not use the Website or its Content in any of the following ways:

• For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity

• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others

• To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to affect the operation of any computer software or hardware adversely, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not

• To cause annoyance, inconvenience or needless anxiety

• To impersonate any third party or otherwise mislead as to the origin of your contributions

• To reproduce, duplicate, copy or resell any part of my Website or its Content breaching these T&C or another agreement.

Online Commerce

This Website or its Content may allow you to make purchases from another merchant or me. If you make a purchase from us on or through our Website or its Content, information may be collected by me, the merchant, and my payment processing company. Information that may be collected includes your name, address, method of payment, credit card number, and billing information.

Your participation, correspondence or business dealings with any affiliate, individual or Company found on or through my Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and delivery of your purchase, are solely between you and the merchant.

You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from mine. I have no responsibility or liability for these independent policies of the payment processing companies and Merchants. Additionally, when you make certain purchases through our Website or its Content, you may be subject to the terms and conditions of a payment processing company, merchant, or me that apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.

You release me, my affiliates, my payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against them or us, arising from your purchase through or use of this Website or its Content.

Termination

We reserve the discretionary right to refuse, fully, or partially, terminate your access to the Website and Content without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed in these T&C concerning the Website and its Content apply now and in the future, even after termination by you or us. If you have any questions about these T&C, please contact us at david@davidpowerstraining.com