1.1. “Company R&D” means research and development activities performed by Company based on user data to: improve our Services; create new products or services; perform quality assurance; conduct data analysis and monitor security protocols.
1.2. “Personal Information” is information that can identify you, either alone or in combination with other information. Company collects and stores the following types of Personal Information:
1.2.1. “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g., name, email address, home address, user ID and password, and payment information).
1.2.2. “User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of Company Services and transmitted, whether publicly or privately, to or through Company.
1.2.3. “Web Behavior Information” is information on how you use the Site (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology).
1.3. “Research” means scientific research that a party performs with the intent to publish in a peer-reviewed scientific journal. Research activities do not include Company R&D.
1.4. “Service” or “Services” means Company’s services. The [Specialists/Hypnotherapists] ([“Hypnotists”] or [“Coaches”]) are not licensed physicians nor are they licensed in psychology, and are unable to diagnose, prescribe, or treat any emotional or mental disorders nor any medical condition. Services provided utilize (for specialists/hypnotherapists) induction of hypnosis, and methods and principles used to help clients discover their inner creative abilities to develop positive thinking and feelings. Hypnosis is not a state of sleep, but is a natural state of mind that can produce extraordinary levels of relaxation of mind, body and emotions. The principles and theories upon which hypnotherapy is based are accessing and utilizing the power of one’s inner resources. Hypnosis can transcend the critical, analytical level of mind, and facilitate the acceptance of suggestions, directions and instructions desired by the Client. The therapeutic use of hypnosis can also elicit information and insights from the inner mind. The hypnotherapist utilizes interviews, discussion and hypnotic methods dealing with underlying issues whenever appropriate, with the goal to achieve effective and lasting results.
You understand that these sessions are not psychotherapy but are an alternative aimed at creating positive changes in life. I agree to inform Joymind of all physical or mental conditions that might affect the work. You understand that you are a full partner in creating changes and am willing to participate during sessions.
Coaching services may or may not involve clinical hypnotherapy and/or hypnosis.
5. Considerations Regarding the Services.
5.1. Nature of Information. Company does not guarantee that any information we provide to you will be positive or welcome. In fact, such information may be negative and unwelcome. You may learn things that you may not have the ability to control or change. You may learn things that are deeply distressing. These outcomes may have psychological, social, legal, or financial implications.
5.2. The Services Do Not Constitute Medical Advice. The sessions provided by Company through its Services, including those hosted by Company or elsewhere, does not create a doctor/patient relationship, and does not constitute medical advice. The Services are not intended to diagnose an illness, condition, or disease, and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health. Company does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Company, Company employees, others appearing on our website at the invitation of Company, or other visitors to our website is solely at your own risk.
6. Customer Accounts, Passwords, and Security. In consideration of your use of the Services, you agree to provide and regularly update, as applicable, true, accurate, current, and complete Registration Information. Upon registering an account, you will be prompted to create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access Company’s website through your username and password, you will defend and indemnify Company and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify Company of any unauthorized use of your password or account or any other breach of security, and to ensure that you sign out of your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. User Representations and Acknowledgments. You represent and acknowledge the following:
7.1. You understand that information you learn from Company’s Services is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You acknowledge that Company urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your use of the Services.
7.2. You represent that you are eighteen (18) years of age or older.
7.3. You represent you are not a citizens of, or reside in, the states of Colorado, Connecticut or Washington.
7.4. If you reside outside the U.S., you confirm that this act is not subject to any ban or restriction in the country in which you reside.
7.6. You agree that you will not write, leave, post or file false or misleading reviews, comments and/or complaints about the Company or the Company’s products or services on any site including third-party review sites and social media sites.
7.7. You agree that whenever you interact with the Company by phone, email, social media post or support ticket, including while communicating with the company’s Support representative, you will not use threatening, abusive, demeaning and/or defamatory language. You also agree to not use profanity.
7.9. You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations.
7.10. In case of breach of any one of these representations, Company has the right to suspend access to your account or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Company and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
8. Compliance with Intellectual Property Laws. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your Company account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
9. Hyperlinks. The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
10. Copyright Infringement. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a 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; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (g) your notarized signature attesting to the above. For this notification to be effective, you must provide it to Company’s designated agent by emailing email@example.com.
14. Limitation of Liability. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
17. Jurisdiction. Judicial Arbitration and Mediation Service, Inc. (“JAMS”), will have worldwide, exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement. In no case shall any dispute, whether arising in the United States of America or anywhere else in the world, or whether arising between Company and persons domiciled in in the United States of America or domiciled anywhere else in the world, be decided by any court, tribunal, arbitrator, mediator, or other judicial body other than JAMS.
19. No License. Nothing contained on the Site or in the course of provision of the Services should be understood as granting you a license to use any of the trademarks, service marks, logos, or other intellectual property owned by Company or by any third party.
TheraPacific LLC., JoyMind
1946 Tyler Street Suite 9
Hollywood, Florida 33020
Support Contact Information (to be used only for general inquiries and support requests)