Last Revision: April 1, 2008
Fu Xi Wen User Agreement—License, Disclaimer, Waiver, Release
This is an agreement between you (“you” or the "Licensee") and Ethan Borg, LLC (the "Licensor"), owner of the theory and techniques collectively called "Fu Xi Wen".
THE USE OF FU XI WEN TECHNIQUES IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS IN THIS AGREEMENT.
Please carefully read the following terms and conditions before using this Website or treating yourself with Fu Xi Wen. Licensor calls your attention specifically to Section # 7 LICENSEE'S INDEMNIFICATION.
If you do not agree to the terms of the License, you are not authorized to use this Website or Fu Xi Wen techniques in part or whole and must discontinue doing so immediately. If you do not understand any of the terms, phrases, or sections of this Agreement you are not authorized to use this Website or Fu Xi Wen until you understand the terms, phrases, or sections to which you are agreeing herein.
Licensor recommends that you consult a physician before beginning Fu Xi Wen. Ethan Borg LLC is not a licensed medical care provider. Any communication between any party using the Website does not establish a patient-doctor relationship. Licensee understands that participating in Fu Xi Wen can result in physical injury and agrees to do so at Licensee's own risk. Licensee should seek prompt medical care for any specific health issues.
1. GRANT OF LICENSE. This Agreement grants Licensee a personal, nonexclusive non-transferable license to use Fu Xi Wen techniques. This license is non-transferable except under Section # 3 SCOPE OF GRANT of this Agreement. You must be at least eighteen (18) years old to use Fu Xi Wen.
2. TITLE. Licensee acknowledges and agrees that copyright, trademark, patent, trade secret, and all other intellectual property rights of whatever nature are and shall remain the property of the Licensor, and nothing in this Agreement should be construed as transferring any aspects of those rights to the Licensee or any third party. Licensor is the creator and owner of Fu Xi Wen theory and techniques and that the Licensor has the sole right to modify the Fu Xi Wen theory and techniques and to grant Licensee a license for its use. You may not publish derivative works without the express, written Agreement of Licensor. The official Fu Xi Wen website and accompanying training materials are protected by copyright laws of the United States and International Treaty provisions. You may not reproduce this information or use this information in alternate forums without the express agreement of Licensor.
"Fu Xi Wen",
"Open Source Medicine", and "Emoteishin" are
trademarks of Licensor. You may use Licensor's trademarks in
3. SCOPE OF GRANT. You are only authorized to use this Website for personal use. By way of example but not limitation, you may NOT:
practice Fu Xi Wen techniques on any other person, except under the terms in this agreement;
sublicense, assign, rent, lease, loan, grant a security interest in, or otherwise transfer rights, except as provided for in this agreement; or remove any proprietary notices or labels from
4. DISCLAIMER OF WARRANTY. LICENSOR FURNISHES THIS WEBSITE AND FU XI WEN TECHNIQUES ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LICENSOR PROVIDES FU XI WEN WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF QUALITY, AND WARRANTY OF ACCURACY. THERE IS NO WARRANTY THAT FU XI WEN WILL FULFILL ANY OF THE LICENSEE'S PARTICULAR NEEDS. FU XI WEN IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY AND EFFORT IS WITH THE USER. IN THE CASE FU XI WEN SHOULD CAUSE HARM TO LICENSEE, YOU ASSUME ALL RISKS AND THE ENTIRE COST OF ALL NECESSARY MEDICAL TREATMENT. YOU ALSO ASSUME RESPONSIBILITY FOR THE SELECTION OF FU XI WEN TECHNIQUES TO ACHIEVE YOUR INTENDED RESULTS AS WELL AS ANY RESULTS OBTAINED FROM FU XI WEN TECHNIQUES. THE LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT FU XI WEN TECHNIQUES OR THEIR DIRECTIONS WILL BE ERROR FREE. NO DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY DISCLAIMER. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY. IF YOU ARE LOCATED IN SUCH A JURISDICTION, PLEASE SEE SECTION 6 TITLED “SELF-LIMITING RIGHTS”. LICENSOR IS NOT REQUIRED TO SUPPORT FU XI WEN NOR ISSUE UPDATES TO THE FU XI WEN THEORY OR TECHNIQUES.
LICENSOR CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. LICENSOR CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. LICENSOR DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED. USERS OF THIS WEBSITE ARE RESPONSIBLE FOR (1) IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND CHECKPOINTS TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AND (2) MAINTAINING A MEANS EXTERNAL TO THIS WEBSITE FOR THE RECONSTRUCTION OF ANY LOST DATA.
5. LIMITATION OF LIABILITY AND REMEDIES. TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL THE LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF PROFITS, BUSINESS INTERRUPTION, MEDICAL EXPENSES, OR ANY AND ALL OTHER DAMAGES OR LOSSES ARISING OUT OF THE USE OF THIS WEBSITE OR FU XI WEN, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, OR BY ANY CLAIM BY ANY OTHER PARTY. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE THE AMOUNT LICENSOR RECEIVED FROM THE LICENSEE FOR THIS LICENSE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, PLEASE SEE SECTION 6 TITLED “SELF-LIMITING RIGHTS”.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR FU XI WEN.
RIGHTS. In states, countries, or jurisdictions that prohibit
indemnification as defined in Section # 7 LICENSEE'S INDEMNIFICATION,
that do not allow exclusions of implied warranties as defined in
Section # 4 DISCLAIMER OF WARRANTY, and/or that do not allow
exclusions or limitations of liabilities for consequential or
7. LICENSEE'S INDEMNIFICATION. Licensee and its heirs and representatives expressly agree to indemnify, defend and save harmless Licensor, its shareholders, its agents and representatives, Ethan Borg and his heirs from any liability or claim resulting from the use of this Website or Fu Xi Wen, including attorney's fees and costs of defense.
Licensor, its agents, its suppliers, or any third parties mentioned on the Fu Xi Wen website are not liable for any personal injury, including death, caused by Licensee's use or misuse of the Fu Xi Wen theory, website content, or Forums (as defined below). Any claims arising in connection with your use of Fu Xi Wen theory, website content, or the Forums must be brought within one (1) year of the date of the event giving rise to such action occurred.
The provisions of paragraphs 4-7 are for the benefit of Licensor and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
8. DONATIONS. Donations provided by Licensee to Licensor are non-refundable. Such donations shall not be construed as license fees for your use of Fu Xi Wen or for this Agreement.
9. EMOTEISHIN. Solely upon fulfillment of the requirements to reach the "Contributor" Fu Xi Wen skill level as set and defined by Licensor as passing the Contributor Exam, may Licensee organize Emoteishin classes in which students may learn Emoteishin techniques directly from Licensee. Licensee agrees that all Emoteishin students must be eighteen (18) years of age and must agree in writing to the Fu Xi Wen User Agreement as posted at the official Fu Xi Wen website. Licensee may request donations for running Emoteishin classes. Under no circumstance can donations be made obligatory to any party.
10. EMERGENCIES. If Licensee experiences a medical emergency practicing Fu Xi Wen or following a Fu Xi Wen treatment, Licensee agrees to call Licensee's doctor and/or 911 (or your local emergency contact number) immediately before employing any further Fu Xi Wen techniques.
11. WEBSITE. The official Fu Xi Wen website currently can be found at: www.fuxiwen.com. The official Fu Xi Wen website may be subject to change without prior notice. You acknowledge and agree that from time to time the Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which may be undertaken from time to time; or (iii) causes beyond the control of Ethan Borg, LLC or which are not reasonably foreseeable by Ethan Borg, LLC.
The information presented or contained on this Website or provided through this Website (collectively, the "Content") is presented for the purpose of educating the public. Nothing contained in this Website or the Content is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained from this Website is not exhaustive and does not cover diseases, ailments, physical conditions or their treatment. Should you have any specific health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, including Fu Xi Wen. You should never disregard medical advice or delay in seeking it because of something you have read on this Website. Information contained at www.fuxiwen.com is for informational use only.
Ethan Borg, LLC does
not, directly or indirectly, practice medicine or dispense medical
services as part of this Website. This Website is not a substitution
for the services of a physician, a health provider, or any trained
health professional. Our policy does not allow
medical advice, emotional advice, dietary advice, or personal advice
of any kind. These concerns should be addressed and discussed
Fu Xi Wen may at times discuss sexually explicit material. If you find these materials offensive, please discontinue your review of Fu Xi Wen theory.
Licensor authorizes Licensee to view or download a single copy of the material on the Fu Xi Wen website solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2007, Ethan Borg, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Furthermore, a copy of this Agreement must also be retained at all times with any off-line Fu Xi Wen material.
Transmission of the Fu Xi Wen website may be beyond the control and jurisdiction of Licensor and its suppliers. Licensor assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Fu Xi Wen website.
Licensee may mirror the content of the Fu Xi Wen website on the internet for non-commercial purposes for the sole reason of protecting the content from hacking, data corruption, or loss of service. Licensee agrees to inform Licensor if Licensee mirrors the Fu Xi Wen website, providing the following contact information: name, direct telephone number, and direct email address. In this case, Licensee agrees to update this contact information promptly in the case this information changes. Under no circumstances shall any personal information about visitors to the Fu Xi Wen website be mirrored, with the exception of personal information revealed in public Forums.
Licensee agrees not to upload or transmit any communications or content of any type to the Forums that infringe or violate any rights of any party. By submitting communications or content to the Forums, Licensee agrees that such submission is non-confidential for all purposes.
If Licensee makes any such submission, Licensee agrees not to send or transmit to Licensor by email, (including through the email addresses listed on the "Contact" link) any communication or content that infringes or violates any rights of any party.
If Licensee wishes to keep any business information, ideas, concepts or inventions private or proprietary, Licensee shall not submit them to the Forums or to Licensor by email. If Licensee submits any business information, idea, concept or invention to Licensor by email, Licensee agrees such submission is non-confidential for all purposes.
If Licensee makes any submission to a Forum or if Licensee submits any business information, idea, concept or invention to Licensor by email, Licensee automatically grants or warrants that the owner of such content or intellectual property has expressly granted Licensor a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Licensor may sublicense its rights through multiple tiers of sublicenses. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Licensor for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
13. PASSWORDS. Licensor
has several tools that allows Licensee to record and store
information. Licensee is responsible for taking all reasonable steps
to ensure that no unauthorized person shall have access to Licensee's
passwords or accounts. It is Licensee's sole responsibility to (1)
control the dissemination and use of activation codes and passwords;
(2) authorize, monitor, and control access to and use of Licensee's
account and password; (3) promptly inform Licensor of any need to
deactivate a password. Licensee grants Licensor and all other persons
or entities involved in the operation of the Fu Xi Wen website the
right to transmit, monitor, retrieve, store, and use Licensee's
14. FORUMS. A Forum is an electronic community within the Fu Xi Wen website, including but not limited to chat rooms, bulletin boards, wikis, or email lists. If Licensee uses a Fu Xi Wen website Forum, Licensee is solely responsible for Licensee's communications, the consequences of posting those communications, and Licensee's reliance on any communications found in the Forums. Licensor and its licensors are not responsible for the consequences of any communications in the Forums, even if Licensor or its agents moderate the Forums. In cases where Licensee feels threatened or believes someone else is in danger, Licensee should contact Licensee's local law enforcement agency immediately. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Licensor. Licensor cannot and does not screen content provided by you to this Website. Notwithstanding the foregoing, Licensor reserves the right to monitor content on this Website and to remove content, which Licensor, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or Licensor's operating policies for users of this Website ("Users").
You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use this Website as permitted by this Agreement, Licensor operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the Website area where you're uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). Each time you upload a file on this Website, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability. Licensor operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available online. Licensor reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
In consideration of being allowed to use the Forums, Licensee agrees that the following actions shall constitute a material breach of this Agreement:
Using a Forum for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Licensor in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialog, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
Allowing any other person or entity to use Licensee's identification for posting or viewing comments
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Forums or the Fu Xi Wen website, or which, in the judgment of Licensor, exposes Licensor or any of its agents, customers or suppliers to any liability or detriment of any type.
Licensor reserves the right (but is not obligated) to do any or all of the following:
Record the dialog in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement.
Terminate a user's access to any or all Forums and/or the Fu Xi Wen website upon any breach of this Agreement.
Monitor, edit, or disclose any communication in the Forums.
Edit or delete any communication(s) posted on the Fu Xi Wen website, regardless of whether such communication(s) violate these standards.
Licensor or its licensors have no liability or responsibility to users of the Fu Xi Wen website or any other person or entity for performance or nonperformance of the aforementioned activities
15. ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES. Licensor may provide links to third-party web sites. Licensor also may select certain sites as priority responses to search terms Licensee enters and Licensor may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Licensor does not recommend and does not endorse the content on any third-party websites. Licensor is not responsible for the content of linked third-party sites, sites framed within the Fu Xi Wen website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Licensee's use of third-party websites is at licensee's own risk and subject to the terms and conditions of use for such sites. Licensor does not endorse any product advertised on the Fu Xi Wen website. You are encouraged to use discretion while browsing the Internet using links initiated at this Website. Links on this Website may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Licensor makes no representations concerning any effort to review all of the content of sites listed in its Website.
16. MISCELLANEOUS. If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall continue in full force and effect. Licensor’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to this Website and Fu Xi Wen and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning this Website and Fu Xi Wen. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement. Licensor may assign its rights and duties under this Agreement to any party at any time without notice to you.
17. ARBITRATION OF DISPUTES. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event of a dispute arising from the use of Fu Xi Wen, the case shall be arbitrated in the city of Frederick in Frederick County, in the state of Maryland in the United States of America. In order to minimize the costs of the proceedings, to the extent allowable by law, the parties hereby waive any rights that they may have to pre-trial discovery. There shall only be one arbitrator, who shall be a retired judge. The award of the arbitrator shall be final, binding and non-appealable.
Neither Licensor nor Licensee shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. If for any reason a claim proceeds in court rather than through arbitration, Licensor and Licensee each waive any trial by jury.
18. CHANGES TO AGREEMENT. The Agreement may be amended, modified or superseded by Licensor with no notice at any time simply by uploading the new Agreement to the official Fu Xi Wen website under the link titled "Fu Xi Wen User Agreement" or "License". YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THIS WEBSITE OR FU XI WEN SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
19. INTERPRETATION. To the extent of any conflict between this Agreement, this Agreement shall take precedence. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the Licensor and the remaining portions remain in full force and effect.
20. TERMINATION. You may terminate this license by discontinuing your use of Fu Xi Wen at any time. Sections 2, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive the termination of this license.
21. GOVERNANCE. This Agreement shall be governed by the state of Maryland, except for conflict of laws provisions. Any cause of action or claim you may have with respect to Licensor must be commenced within one (1) year after the claim or cause of action arises.
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