RELEASE AND WAIVER OF LIABILITY AGREEMENT

Please read carefully and click the “Book Now” button to indicate your agreement. If you do not agree, please discontinue use of site.

I am 18 years of age or older.

I acknowledge that I voluntarily purchase this product and participate in this program.

I understand that the person(s) teaching, leading and assisting with this program are lifestyle counselors who are neither doctors nor registered dieticians. I also understand that these products and this program are not intended to replace traditional medicine and medical providers. I take full responsibility for my health and the health of my family and children and all decisions I make during the course of, and following, this program.

As consideration for receiving these products and being accepted to the lifestyle program, I forever release and discharge Devla Mahler and The Hypnosis Spa LLC d/b/a thehypnosisspa.com, TheLifestyleSpa.com and their respective directors, officers, employees, volunteers, agents, contractors, affiliates, and representatives from any and all actions, claims or demands that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives now have, or may have in the future.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE AND WAIVER OF LIABILITY, AND A CONTRACT BETWEEN MYSELF AND DEVLA MAHLER AND THE HYPNOSIS SPA LLC, AND SIGN OF MY OWN FREE WILL.

I agree to proceed under these conditions.

You must be over 18 years of age to purchase our products and participate in our programs.

DISCLOSURE OF SERVICES:

Our Hypnotherapists, Lifestyle Medicine Consultants and Executive Coaches are not licensed professionals in any field. The purpose of a program of hypnotherapy is for vocational and avocational self-improvement (as defined in California Business and Professions Code 2908) and as alternative or complementary treatment to healing arts services licensed by the state. A hypnotherapist is not a licensed physician or psychologist. Hypnotherapy & Consulting services are not licensed by any US state other than Colorado, Washington and New Hampshire. Furthermore, we only provide live online hypnotherapy services to residents of states that do not require a license as per http://www.hypnotherapistsunion.org/statelaws.

Following is the definition of the profession of Hypnotherapy and Consulting as defined in The Federal Dictionary of Occupational Titles, published by the United States Department of Labor..

079.157.010 | Hypnotherapist
Hypnotherapist induces hypnotic state in client to increase motivation or alter behavior pattern through hypnosis. Consults with client to determine the nature of problem. Prepares client to enter hypnotic states by explaining how hypnosis works and what client will experience. Test subjects to determine degrees of physical and emotional suggestibility. Induces hypnotic techniques of hypnosis based on interpretation of test results and an analysis of clients problem. May train client in self-hypnosis conditioning.

and

189.167-010 | Consultant
Consults with client to define need or problem, conducts studies and surveys to obtain data, and analyzes data to advise on or recommend solution, utilizing knowledge of theory, principles, or technology of specific discipline or field of specialization: Consults with client to ascertain and define need or problem area, and determine scope of investigation required to obtain solution. Conducts study or survey on need or problem to obtain data required for solution. Advises client on alternate methods of solving need or problem, or recommends specific solution. May negotiate contract for consulting service. May specialize in providing consulting service to government in field of specialization. May be designated according to field of specialization such as engineering or science discipline, economics, education, labor, or in specialized field of work as health services, social services, or business services.

Services are non-diagnostic and do not include the practice of medicine, neither should they be considered as a substitute for licensed medical or psychological services or procedures.

Hypnotherapists who assist clients with weight loss and/or other health and fitness goals may provide general nutritional advice and/or recommend published books, food guides and health and fitness publications. This is not a substitute for medical advice and you are advised to seek your Doctor’s approval before making any medical/health/lifestyle changes.

Hypnosis works with the power of the subconscious mind to change habits and behaviors. The subconscious mind is considered to be the source or root of many of our behaviors, emotions, attitudes and motivations. Hypnosis is believed to be a powerful tool for accessing the subconscious mind and creating improvements in our lives.

Services consist of a program of conditioning, and may include and determined number of private sessions, depending on the client’s individual needs. The Hypnotherapist will to the best of his or her ability endeavor to accomplish the objectives of the client’s sessions. While hypnosis may be an effective technique for many purposes, the effectiveness may vary from individual to individual, and no specific results or progress can be promised or guaranteed.

The feelings and experiences one has in the hypnotic state can vary from individual to individual. Many people remain completely aware of everything that is going on while in hypnosis. Some individuals experience a hyper-awareness where sensations are perceived enriched and vivid. The ability to visualize or imagine is often enhanced. A feeling of deep relaxation is common and some people describe the hypnotic state as an escape from physical tension and emotional stress, while remaining completely alert.

The use of hypnosis could elicit memories of past events which may or may not be literally true. It is possible that events under hypnosis will be distorted or misconstrued. Memories or images evoked under hypnosis are not necessarily accurate and may be a construction or a composite of memories. Without corroborating information, it is not possible to determine whether a specific memory is true or false, even if it seems true to the client.

While it is the practice of Hypnotherapists to keep information confidential, information revealed in hypnotherapy is not subject to the psychotherapist-patient privilege. A court may order disclosure of information learned in therapy.

Since customized program preparation costs are extensive, and are irreversibly incurred immediately after cient intake, no refunds can be provided. In consideration of our therapist’s preparation costs, sessions must be conducted on the scheduled dates, with the agreed upon frequency, otherwise client may incur a re-scheduling fee equal to the hours reserved at the current full hourly rate. Lifestyle Consulting and Hypnotherapy fees start at $500.00 an hour.

All programs are highly customized and therefore involve extensive upfront preparation costs that may be billed at the same rate. In consideration of such, all programs, products and services are paid, in full, on the date of program reservation, which depending on demand may be weeks or months in advance of any live sessions. This retainer is necessary in order to commission the preparatory consulting research and program design.

You agree that you have received a copy of this disclosure and understand the information described above. You agree that you have also read the biography of the consulting Hypnotherapist’s education, training, experience and other qualifications regarding any products or services to be provided.

_______________________________________________________________________

These websites, TheLifestyleSpa.com, TheHypnosisSpa.com (the “Websites”) are owned and operated by THE HYPNOSIS SPA LLC (the Company or we or us).

1. WEBSITE TERMS OF USE

The Hypnosis Spa, LLC. (“The Hypnosis Spa,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our websites, including, without limitation, thehypnosisspa.com, thelifestylespa.com.

We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

General
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR SITE CAREFULLY. By using the Site, you agree to be bound by these Terms and Conditions of Use (Terms & Conditions) and to use the Site in accordance with these Terms & Conditions, our Terms of Purchase, Privacy Policy and all additional policies and agreements that apply to specific sections of the Site or to our On-line Products and services available through the Site or from the Company. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms & Conditions.

Any user who registers with us) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By continuing to use the Site, you accept the Terms & Conditions as modified.

If you do not comply with these Terms & Conditions at any time, we reserve the right to terminate your password, user account, and/or access to our Site (or any part thereof). You agree that any termination or cancellation of your access to, or use of, the Site may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Site. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Site.

Licensing and Use of Site Materials
The Site and all the materials available on the Site, including text, photographs, videos, software, graphics, music, questions, comments, feedback, ideas, recipes, articles and other information (collectively, Content), are the property of the Company and/or our licensors, and are protected by copyright, trademark, and other intellectual property laws. Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display our Site and the Content provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions.

You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms & Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site. You may, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

YOUR MEMBERSHIP TO OUR SITE IS NONTRANSFERABLE. PLEASE HELP US PROTECT OUR INTELLECTUAL PROPERTY AND THE PRIVACY AND SECURITY OF OUR USERS BY NOT SHARING YOUR USERNAME, PASSWORD AND LOGIN INFORMATION WITH ANYONE.

User Generated Content
By posting or submitting any material, including, without limitation, testimonials, comments, questions, blog entries, photos and videos (collectively User Material) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material, and (ii) that you are 18 years of age or older. When you submit or post any User Material, you are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose and at our sole discretion. The foregoing grant shall include the right to, at our sole discretion, exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge that the Company has the right but not the obligation to use and display any postings or contributions of any kind and that the Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Privacy
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

Disclaimer: The Company
The site provides consulting, customized plans, information applications and content published over the Internet and is intended only to assist users in their personal health, wellness, vocational, and avocational self-improvement efforts. This Site is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Site should be construed as such advice or diagnosis. The information and Programs generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

Our Hypnotherapists, Consultants and Coaches are not licensed medical practitioners. Their role is to provide you with the behavior modification educational tools and information to improve your health, business and life through a holistic, integrative program. Their advice, suggestions and feedback are not meant to replace traditional medical attention. By using our Site, you agree that you are responsible for your own health and the health of your family and to release the Company from all claims you may have, now or in the future based on the advice, information, feedback or any other materials available on the Site or through our Programs, Hypnotherapists, Consultants and Coaches.

THE INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

We do not warrant or make any representations regarding the use or the results of the use of the Site or Content on the Site in terms of their correctness, accuracy, timeliness, reliability or otherwise. We do not guarantee any medical reality, weight loss or complete healing as a result of using the Site or any of our On-Line Products and Services. You know your body best. By using the Site, you agree that you alone are responsible for making decisions related to your health and wellbeing. The information and Content we provide on the Site is meant for educational purposes only and assumes that you will use such information and Content responsibly and at your own risk. Please make appropriate decisions. By using the Site, you agree that the Company is not liable for any choices you make, including, but not limited to, vocational and avocational decisions, what you eat and consume and when you choose to do so, how and when you exercise, and when and how you execute your bodily needs and desires.

You agree at all times to defend, indemnify and hold harmless the Company and any of our employees, and our successors, transferees, assignees and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, you may have now or in the future.

Earnings Disclaimer

When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE HYPNOSIS SPA PROGRAM IS AT YOUR SOLE RISK. By purchasing a product or a service through our Website, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our experience and ideas, and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

No Professional Advice

The information contained in or made available through our sites (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, in text files, or in chats) cannot replace or substitute for the services of trained licensed professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

Disclaimer: Third-Parties
Throughout the Site, we may provide links and pointers to other sites maintained by third parties (Third-Party Websites). Our linking to such Third-Party Websites does not imply an endorsement or sponsorship of such Third-Party Websites, or of the information, products or services offered on or through the Third-Party Websites.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available on Third-Party Websites, are those of the respective authors or distributors, and not of the Company. We do not guarantee the accuracy, completeness, or usefulness of any Third-Party Website content. Furthermore, we neither endorse nor are responsible for the accuracy and reliability of any opinion, advice, or statement made on any Third-Party Website.

Periodically, we may provide access or links to the opinions, advice or statements of practitioners and counselors who are not employees of the Company or affiliated with the Company (collectively Third-Party Practitioners). The opinions, advice and statements of Third-Party Practitioners belong to each Third-Party Practitioner and do not belong to, or represent the views of, the Company. Such access to Third-Party Practitioners is intended for informational purposes only. The Company does not guarantee the accuracy or reliability of such opinions, advice or statements.

Certain sections of the Site may allow you to purchase products and services provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a Third-Party Website, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours (see our Privacy Policy). We hold no responsibility or liability for these independent policies and by dealing with these third parties, you agree to hold the Company harmless. In addition, when you purchase products or services on or through the Site from third parties, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

Purchase Guarantee
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Interactive Features
The Site includes a variety of interactive features, including bulletin boards, web logs, chat rooms, and email services (collectively Interactive Features), which allow feedback to us and real-time interaction between users in the form of User Materials. Responsibility for what is posted, whether upon our request or voluntarily, on our Interactive Features and other public posting areas on the Site, or sent via any e-mail services on the Site, lies with the person who sent or posted the User Material.

You alone are responsible for the material you post or send using the Site. We do not control all the User Materials, messages, information or files that you or others provide through the Site, as such, we do not guarantee the accuracy, integrity or quality of such postings and User Materials. Although we have adopted community standards and conduct guidelines for the users of our Site (as described below), you understand that by using this Site, you may be exposed to postings that are offensive or objectionable.

The Company or its designated agents may remove or alter any user-created content at any time for any reason. Our Interactive Features are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by the Company staff, the Company’s outside contributors, or by users not connected with the Company, some of whom may employ anonymous usernames. The Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, or our suppliers and agents, be liable for any loss or damage caused by your reliance on information obtained through these Interactive Features. The opinions expressed in these Interactive Features are solely the opinions of the participants, and do not reflect the opinions of the Company or any of its subsidiaries or employees.

Community Standards and Conduct Guidelines
You agree not to use the Site (including the Interactive Features) to:
1) Restrict or inhibit any other user from using and enjoying the Site;
2) Use the Site to impersonate any person or entity, including, but not limited to any user of the Site, any director, officer, employee, shareholder, agent or representative of the Company, or falsely state or otherwise misrepresent your affiliation with the Company or any other person or entity;
3) Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
4) Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
5) Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
6) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
7) Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
8) Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
9) Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
10) Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
11) Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
12) Gather for marketing purposes any email addresses or other personal information posted by other users of the Site;
13) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law;
14) Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Site;
15) Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site; or
16) “Stalk” or otherwise harass another user or employee of this Site.

Your privilege to use this Site (including the Interactive Features) and contribute to discussions on the Site depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Site and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, the Site or any of the Interactive Features.

The Company has no obligation whatsoever to monitor any of the content or postings on the Interactive Features or other public areas of the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Site (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us by mail:

THE HYPNOSIS SPA LLC
9375 E Shea Blvd. Suite 100
Scottsdale, AZ 85260

In your correspondence, you must include the following information:
1) The physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
2) Identification of the copyrighted work(s) claimed to be infringed;
3) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site;
4) Your name, mailing address, telephone number and e-mail address;
5) Your statement that you have 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
6) Your statement that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

For any complaints that reference more than 10 allegedly infringing works, please create a spreadsheet that contains items 2 and 3 from above for each allegedly infringing piece of work.

Please note that the notification sent to us will be forwarded to the user who provided the allegedly infringing content.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement:

THE HYPNOSIS SPA LLC
9375 E Shea Blvd. Suite 100
Scottsdale, AZ 85260

Takedown Policy
It is our policy to honor all takedown requests that comply with the requirements of the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. But, before proceeding please understand that should you knowingly materially misrepresent that a product or activity is infringing your copyrights, you may be held liable for damages.

Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as Interactive Features, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and e-mail address (Personally Identifiable Information). You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration forms. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any Personally Identifiable Information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords and User Security
To use certain features of the Site, you will need a username and password to create an account, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of your username, password and account, and are responsible for all activities (whether by you or by others) that occur under your username and account. You agree to ensure that you exit from your account at the end of each session. You also agree to notify us immediately of any unauthorized use of your username and account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, AND SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATON OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (III) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (IV) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR EMPLOYEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, SERVICES CONTRACTED THROUGH THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to Content downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms & Conditions, shall survive.

Refund Policy
Due to the customized nature of our products and services and the irreversible costs associated, no refunds will be offered once a live session Program has been purchased, and/or any Program materials have been provided. No exceptions.

Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Arizona, Maricopa County without giving effect to any conflict of law principles. You agree that any dispute arising out of, or relating to your use of, this Site or these Terms & Conditions shall be subject to binding arbitration in Arizona.

Miscellaneous Terms
In any action against us arising from the use of this Site, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Site, or by written agreement of both parties, you and us. Each time you access this Site, you will be deemed to have accepted any such changes.

The Company may freely assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. This Agreement shall be binding upon and inure to the benefit of the Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned by your or any user without the prior written consent of the Company.

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

2. Privacy Policy

We at The Hypnosis Spa, LLC. (“The Hypnosis Spa,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy applies to our information collection and use practices: (i) online when you visit any of our websites, including, without limitation,thehypnosisspa.com, paradisehypnosisspa.com, (the “Websites”); and (ii) offline when you provide information to us.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service.

ACCEPTANCE OF TERMS

By visiting any of our Websites, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service, both of which govern your use of the Websites. By providing us information offline, you are also agreeing to the terms of this Privacy Policy.

THE INFORMATION WE COLLECT

In the course of operating the Websites and/or interacting with you, we will collect (and/or receive) the following types of information.

1. Personal Information.

When you sign up to receive any of our newsletters, respond to a survey, register for a class, or purchase any product or service, you may be required to provide us with personal information about yourself, such as your name, address, email address, and phone number. We do not collect any personal information from Visitors when they use the Websites unless they provide such information voluntarily, such as by registering or sending us an email or signing up for a newsletter. All information we collect and/or receive under this section is collectively called “Personal Information.”

2. Order Information.

When you place an Order, you must provide us with certain information about the products and services you are seeking to purchase. Such information is collectively called the “Order Information.”

3. Billing Information.

When you wish to purchase a product or service, you will be required to provide certain information in addition to the Personal Information and Order Information noted above. Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information. Such information is collectively called the “Billing Information.” Although we will have access to the Billing Information, it will also be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use.

4. Other Information

In addition to the information noted above, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:

a. From You. Additional information about yourself that you voluntarily provide to us (e.g., via a survey), such as household income range, gender, product and service preferences, and other information that does not identify you personally.

b. From Your Activity. Information that we automatically collect when you use the Websites, including, without limitation:

IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages; what sections of the Websites you visit; and similar data; and
Information about your device, including the type of device; universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); and similar data.

c. From Cookies Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Websites. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Websites may not function properly.

d. Third-Party Analytics We use third-party analytics services (such as Google Analytics) to evaluate your use of the Websites, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Websites and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Websites, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Websites.

e. From Other Sources. We also may collect or receive information from third parties, such as Facebook and/or other third-party social media sites.

INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY ADVERTISING COMPANIES

We may share Other Information about your activity on the Websites with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Websites and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.

ACCESSING AND MODIFYING PERSONAL INFORMATION AND COMMUNICATION PREFERENCES

If you have registered for the Websites, you may access, review, and make changes to your Personal Information, Billing Information, and certain Other Information by following the instructions found on the Websites. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any The Hypnosis Spa International marketing email. Customers cannot opt out of receiving transactional emails related to their account or their Orders. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

HOW WE USE AND SHARE THE INFORMATION

We use the Personal Information, the Order Information, the Billing Information, and the Other Information (collectively, the “Information”) to provide our services; to process Orders; to administer our rewards and promotional programs; to maintain and improve our Websites and services to you; to solicit your feedback; and to inform you about our products and services and those of our third-party marketing partners.

We may also use and/or share Information as described below.

The Hypnosis Spa International will access, use, and share the Information as required to process your Orders and provide support to you.
In order to provide our services and administer our rewards and promotional programs, we may share the Information (excluding the Billing Information) with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
With your permission, third-party applications or services may access your Personal Information. We use standard OAuth (open authorization) to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information). We also use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.
We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, Order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
In an ongoing effort to better understand our Visitors, customers, and our products and services, we may analyze the Order Information and Other Information in aggregate form in order to operate, maintain, manage, and improve the Websites and/or our products and services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.
We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of The Hypnosis Spa International or others.

INFORMATION YOU SHARE

Please keep in mind that whenever you voluntarily make your Personal Information available to third parties — for example on message boards or web logs; through email; during webinars, classes, telephone conferences, or coaching calls; or in comment or chat areas — that information can be seen, collected, heard, and/or used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

HOW WE PROTECT THE INFORMATION

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Websites may not be secure, and you should therefore take special care in deciding what information you send to us via email.

IMPORTANT NOTICE TO NON-U.S. RESIDENTS

It is important to note that the Websites and their servers are operated in the United States. If you are located outside of the United States, please be aware that any Information you provide to us will be transferred to the United States. By using the Websites and by providing us Information when using our services, you hereby irrevocably consent to this transfer and our use of the Information and data provided by you in accordance with this Privacy Policy.

CHILDREN

We do not knowingly collect Personal Information from children under the age of 18 through the Websites. If you are under 18, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Websites without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

CALIFORNIA RESIDENTS

The Hypnosis Spa International does not monitor, recognize, or honor any behavioral advertising opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

EXTERNAL WEBSITES

The Websites may contain links to third-party websites. We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. By accessing the Websites and/or using our services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

HOW TO CONTACT US

If you have questions about this Privacy Policy, please contact us via email at contact@thehypnosisspa.com with “Privacy Policy” in the subject line.

2. PURCHASE TERMS AND CONDITIONS

You are purchasing access for one (1) person to The Hypnosis Spa Program, Products and Services (referred to below as the “Program”) from The Hypnosis Spa, LLC, Inc. (the “Company,” “we,” or “us”). You must be at least 18 years of age or older to purchase access to The Hypnosis Spa Program. Children under the age of majority should review this Agreement with their parent or legal guardian.

The Hypnosis Spa Program may include live consulting access, customized content and materials, other information and materials furnished by the Company (collectively, “Content”) and access to a website for members of the Program (the “Site”). By purchasing access to The Hypnosis Spa Program, you and the Company hereby agree to these Terms and Conditions of Purchase and the Company’s Terms of Use and Privacy Policy (collectively, this “Agreement”) following legal terms and conditions that govern your use of The Hypnosis Program and that form a legal agreement between you and the Company. In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

INTELLECTUAL PROPERTY

You agree that The Hypnosis Spa Program contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Program files to sharing sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.

The Company provides you with The Hypnosis Spa Program solely for your personal, noncommercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use The Hypnosis Spa Program or the Content available in the Program in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from The Hypnosis Spa Program. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.

To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Devla Mahler, The Hypnosis Spa, The Hypnosis Spa social media, or The Hypnosis Spa Content, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights in and to The Hypnosis Spa Program (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF THE COMPANY’S THE HYPNOSIS SPA PROGRAM, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

Company trademarks, service marks, graphics, and logos used in connection with The Hypnosis Spa Program are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.

The Hypnosis Spa Program includes access for one (1) person.

If you would like to take The Hypnosis Spa along with a business partner or collaborator, you will need to each purchase the course individually. Additionally, if you are interested in having your assistant or your entire team take The Hypnosis Spa, a separate membership will need to be purchased for each participating member.

PRIVACY AND CONFIDENTIALITY

The Hypnosis Spa Program is subject to the Company’s Privacy Policy. The Company does not knowingly collect personal information from children under the age of 18 and does not wish to do so. The Company reserves the right to request proof of age so that it can verify that minors under the age of 18 are not using The Hypnosis Spa Program.

We respect your privacy and must insist that you respect the privacy of other people that participate in the Program (“The Hypnosis Spa Participants” or “Program Participants”).

By purchasing access to the Program, you agree:

· not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Program Participants;

· that any confidential information shared by The Hypnosis Spa Participants or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company;

· not to disclose such confidential information to any other person or use it in any manner other than in discussion with other The Hypnosis Spa Participants during training sessions;

· that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company;

· the reproduction, distribution and sale of the Content by anyone other than the Company is strictly prohibited; and

· that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

While you are free to discuss your personal results from the Program and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.

THE HYPNOSIS SPA MEMBER AREA AND COMMUNITY RULES

No Solicitation Within The Hypnosis Spa Member Area:
The Hypnosis Spa community is about learning how to get customers, but is not about trying to turn other The Hypnosis Spa Participants into your customers. You are not permitted to offer your services, sell your Program or Program, or invite The Hypnosis Spa Participants to join other social networks, groups, or Program. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment. Sharing affiliate links within The Hypnosis Spa Member Area is not permitted.

Your failure to comply with these terms will result in immediate termination of your participation in The Hypnosis Spa Program without refund.

The Hypnosis Spa Community Rules:
You agree to abide by The Hypnosis Spa Community Rules, which are available at http://thehypnosisspa.com/terms/ and are hereby incorporated into this Agreement.

THIRD-PARTY MATERIALS AND WEBSITES

The Company may provide links to third-party materials and websites and establish a Facebook group as a convenience to you and other The Hypnosis Spa Participants. These third-party materials and websites are not part of The Hypnosis Spa Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, Program, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.

PAYMENT POLICY

You are responsible to pay for The Hypnosis Spa Program in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You will immediately lose access to future Sessions, Plans and Bonuses and your access to the Site and all Content will be revoked seven (7) days after your payment declines. You will also not receive access to future versions of the Program as it’s released until all payments are made in full.

If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company's sole discretion until the account is caught up and in good standing.

To be clear, The Hypnosis Spa is not a “pay in part” program where you can pay only for access to certain Sessions and not others. This is a full immersion program, and your payment plan is a convenience that we offer so that you can make the price sustainable.

DISCLAIMER

As set forth in our Terms of Use, our Hypnotherapists, Lifestyle Medicine Consultants and Executive Coaches are not licensed medical practitioners. Their role is to provide you with the behavior modification educational tools and information to improve your health, business and life through a holistic, multidisciplinary, integrative program. Their advice, suggestions and feedback are not meant to replace traditional medical attention. By purchasing our Program and/or using our Site, you agree that you are responsible for your own health and the health of your family and to release the Company from all claims you may have, now or in the future based on the advice, information, feedback or any other materials available on the Site or through our Programs, Hypnotherapists, Consultants and Coaches.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) THE HYPNOSIS SPA PROGRAM, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE;” AND (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PROGRAM.

When addressing financial matters in any of our websites, videos, newsletters, Program or other Content, we've taken all reasonable efforts to ensure that we accurately represent our Program and their potential to improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you of future earnings.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE HYPNOSIS SPA PROGRAM IS AT YOUR SOLE RISK. By purchasing access to The Hypnosis Spa Program, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. We do not guarantee any medical reality, weight loss or complete healing as a result of using the Site or any of our On-Line Programs and Services. You know your body best. By purchasing our Program, you agree that you alone are responsible for making decisions related to your health and well-being. You agree that the Company is not liable for any choices you make, including, but not limited to, vocational and avocational decisions, what you eat and consume and when you choose to do so, how and when you exercise, and when and how you execute your bodily needs and desires.

By purchasing our Program, you alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our Program, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, Program, Content, and offerings are simply opinions and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.

DISCLOSURE OF SERVICES:

Our Hypnotherapists, Lifestyle Medicine Consultants and Executive Coaches are not licensed professionals in any field. The purpose of a program of hypnotherapy is for vocational and avocational self-improvement (as defined in California Business and Professions Code 2908) and as alternative or complementary treatment to healing arts services licensed by the state. A hypnotherapist is not a licensed physician or psychologist. Hypnotherapy & Consulting services are not licensed by any US state other than Colorado, Washington and New Hampshire. Furthermore, we only provide live online hypnotherapy services to residents of states that do not require a license as per http://www.hypnotherapistsunion.org/statelaws.

Following is the definition of the profession of Hypnotherapy and Consulting as defined in The Federal Dictionary of Occupational Titles, published by the United States Department of Labor..

and

Services are non-diagnostic and do not include the practice of medicine, neither should they be considered as a substitute for licensed medical or psychological services or procedures.

All programs are highly customized and therefore involve extensive upfront preparation costs that are may be billed at the same rate. In consideration of such, all programs, products and services are paid, in full, on the date of program reservation, which depending on demand may be weeks or months in advance of any live sessions. This retainer is necessary in order to commission the preparatory consulting research and program design.

ADDITIONAL TERMS AND CONDITIONS

1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of Arizona and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of Arizona, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

2) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE THE HYPNOSIS SPA PROGRAM; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HYPNOSIS SPA PROGRAM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

AS SET FORTH IN OUR PRIVACY POLICY, THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE HYPNOSIS SPA PROGRAM, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, The Hypnosis Spa, or Devla Mahler, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.

4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The The Hypnosis Spa Program is a non-transferable program.

5) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the The Hypnosis Spa Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement. Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.

6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the The Hypnosis Spa Program. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the The Hypnosis Spa Program will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions, please contact our legal department directly at legal@TheHypnosisSpa.com.

7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your use of the The Hypnosis Spa Program. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.

8) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Program (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the Maricopa County, Arizona. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 8(J) below, nothing in this Agreement will prevent the Company from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.

9) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Arizona, Borough of Manhattan for purposes of any such action by the Company.

11) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.

12) SEVERABILITY. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail, but in such event the provision effected in this Agreement shall be limited or eliminated only to the extent necessary, and the remainder of this Agreement shall remain in full force and effect.

13) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.