PARTICIPANT CONSENT, RELEASE AND WAIVER OF LIABILITY FOR ONLINE PROGRAMS/ACTIVITIES
READ CAREFULLY BEFORE AGREEING
In consideration for my use of the “Copow for Living in a Coronavirus World” app (the “Program”), provided by Cognitive Power Institute, LLC (“Provider”), I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS for any and all purposes Provider, Dale J. Anderson, M.D., P.C., and their respective owners, officers, directors, members, managers, employees, independent contractors, legal representatives, agents, or affiliated companies (herein collectively referred to as RELEASEES) FROM ANY AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS, LOSSES, COSTS AND ATTORNEY’S FEES, DEMANDS, CAUSES OF ACTION OR INJURY, INCLUDING DEATH, that may be sustained by myself or a family member or to any property belonging to myself or my family member, whether caused by the negligence of the RELEASEES or otherwise, arising out of my or my family member’s participation in and/or use of the Program. Program activities may include, but are not limited to the following: (i) Virtual content, and (ii) Interactive learning sessions in an online platform.
Releasees shall not be liable for any damages arising in tort, contract or otherwise from the use of or inability to use this Program or any material contained in it, or from any action or decision taken as a result of using the Program. THE MATERIALS CONTAINED IN THIS PROGRAM COMPRISE OF PROVIDER’S VIEWS AND ARE DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES; THEY DO NOT CONSTITUTE LEGAL, MEDICAL OR OTHER PROFESSIONAL ADVICE. No assurance can be made that the advice contained in the Program will always include the most recent findings or developments with respect to specific material. YOU SHOULD CONSULT YOUR PROFESSIONAL ADVISER FOR LEGAL, MEDICAL OR OTHER ADVICE. PROVIDER DOES NOT GUARANTEE THE VALIDITY OF THE INFORMATION CONTAINED IN THE PROGRAM. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH AND FITNESS ADVICE THAT APPEARS IN THE PROGRAM.
This Program offers links to other sites thereby enabling you to leave and go directly to the linked site. The Provider is not responsible for any transmission received from any linked site. The links are provided to assist visitors to the Provider’s site and the inclusion of a link does not imply that the Provider has endorsed or has approved the linked site.
I acknowledge that Provider, and its licensors, are the sole owner of all intellectual property rights and proprietary rights, including patents and copyrights, pertaining to the content, operation and use of the Program and any and all future modifications, derivatives, enhancements or improvements to or of the Program.
All rights in and to the Program, the courses and content made available to me by Provider, if not expressly granted, are reserved. I further acknowledge that this Release does not confer any rights upon me to use the Program in any manner other than as expressly authorized by this Agreement or otherwise authorized in writing, in advance, by Provider.
IDENTIFICATION AND ACKNOWLEDGMENT OF RISK
I am fully aware of the risks and potential hazards connected with participating in and use of the Program, including but not limited to, the risk of data mining, phishing, viruses, malware, data breach of online information cyberbullying, exploitation, victimization, cyber stalking, online grooming, cyber predators, digital footprint, reputation loss, compliance violations, brand hijacking, image replication, and I hereby elect to voluntarily participate in and use the Program, and engage in such activity knowing that the activity may be hazardous to myself and/or my family. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, that may be sustained by me or my family member, or any loss or damage to property owned by me or my family member, as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
RELEASE AND WAIVER OF LIABILITY
I HEREBY EXPRESSLY RECOGNIZE AND ASSUME ALL RISKS ASSOCIATED WITH MY USE OF THE PROGRAM AND VOLUNTARILY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS THE RELEASEES. I AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorneys’ fees, that may be incurred due to my use of the Program, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise. It is my express intent that this Participation Agreement and Waiver Form shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO THE ABOVE-REFERENCED RELEASEES. This Release shall be construed by the laws of the State of Missouri.
By clicking agree to this Release, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducement, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent and I am the parent or guardian of the child participant, and I execute this Participant Consent, Release and Waiver of Liability for full, adequate and complete consideration, fully intending to be bound by same.