Terms of service

Last Updated: 10/22/2024

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://design1.hypnotherapyaccelerator.com website (the "Website") operated by [Your Name Hypnotherapy] ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

SMS Messaging

When opting in to SMS messaging by checking the box on a form, you consent to receive messages from us for the purpose of receiving Offers and Appointment Confirmations and Reminders.

Please read the following terms carefully before giving your consent:

1. Consent: By checking the box, you acknowledge that you have read and understood the terms of this consent and agree to receive messages from the Business.

2. Message Type: The messages you will receive from the Business will be related to Seasonal Offers and Appointment Confirmations and Reminders, which may include promotional offers, discounts, updates, and other related content.

3. Opting Out: You have the right to opt out of receiving messages at any time. You can unsubscribe by following the instructions provided in the messages or by contacting the Business directly.

4. Privacy Policy: The Business's privacy policy, available at https://design1.hypnotherapyaccelerator.com/privacy-policy outlines how your personal information will be collected, used, and protected. By giving your consent, you also acknowledge that you have read and understood the Business's privacy policy.

5. Frequency: The Business will send messages to you on a periodic basis, as determined by the Business. However, the Business will make reasonable efforts to ensure that the frequency of messages is not excessive or intrusive.

6. Data Charges: Standard dat and message rates may apply for receiving messages from the Business. You are solely responsible for any charges incurred from your mobile service provider.

7. Security: The Business will take reasonable measures to protect your personal information and ensure the security of the messages sent to you. However, no method of transmission over the internet or electronic storage is completely secure, and the Business cannot guarantee absolute security.

8. Contact Information: If you have any questions, concerns, or wish to exercise your rights regarding your personal information or this consent, please contact the Business using the contact information provided on this website.

By checking the box and providing your consent, you confirm that you are the authorized owner of the provided contact information and that you are at least 18 years old or have obtained parental consent.

Please note that this consent is separate from any other consent you may have provided to the Business for other purposes.

Our offers and pricing
We offer services on this Website. The price of these services can be found listed on the Website. This price includes all applicable taxes and other fees.

Purchases

When you make a purchase on the Website, you will be using a third party payment processor, Stripe and/or PayPal, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe and/or PayPal. The following payment method(s) are accepted by the third party payment processor: American Express, Discover, MasterCard, Visa, and/or PayPal.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We offer cancellations on purchases made of the services offered on our Website. We offer cancellations only prior to performance of the service. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy

We offer refunds on purchases made of the services offered on our Website. To qualify for a refund, you must submit your request to us anytime after your purchase by contacting us. We offer refunds on any purchases made of the services offered on our Website for any reason.

NO WARRANTY ON PURCHASES

THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate [Your Name Hypnotherapy] or its employees, representatives, subsidiaries or divisions;

2. Misrepresenting your identity or affiliation with any person or entity;

3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;

4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;

5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;

6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;

7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;

8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;

9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;

10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;

11. Otherwise attempting to interfere with the proper working of the Website;

12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL [Your Name Hypnotherapy] BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF [Your Name Hypnotherapy] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, [Your Name Hypnotherapy] IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF [Your Name Hypnotherapy] WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO [Your Name Hypnotherapy] IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF [Your Name Hypnotherapy]. THE AGGREGATE LIABILITY OF [Your Name Hypnotherapy] ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY [Your Name Hypnotherapy] FROM YOU.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2024 [Your Name Hypnotherapy] or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of [Your Name Hypnotherapy] and are either registered trademarks, trademarks or otherwise protected intellectual property of [Your Name Hypnotherapy] or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact [Your Name Hypnotherapy] at .

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;Your name, email, address and telephone number; andA statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

[Your Name Hypnotherapy]

[email protected]

(501) 555-5555

123 Hypnosis Dr., Hypnoville AL 12345