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TERMS AND CONDITIONS OF USE

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1. Agreement in Regard to Your Use of This Site

This website (the “Site”) and its related services (the “Services”) are provided by Focus Plus Hypnosis LLC> (hereinafter referred to as “F+H,” “us,” “we,” or “our”) and is subject to your agreement to comply with the terms and conditions of this Terms and Conditions of Use agreement (the “Terms of Use”).  Please read it carefully.  All information we collect on this Site is also subject to our Privacy Policy, which can be found at www.focusplushypnosis.com, and by using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  If you do not want to agree to these Terms of Use or our Privacy Policy, you should not access or use the Site.  Your continued use of the Site is deemed to constitute your full agreement to our Terms of Use.

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This Site is offered and available to users who are eighteen (18) years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving the Services provided by the Site under the laws of the United States or any other applicable jurisdictions.  The Site is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its Services, are unavailable or otherwise contrary to local laws or regulations.  If this applies to you, you are not authorized to access or use any of the information on this Site. F+H in no way implies that the information, opinions, advice, or other content on the Site is appropriate or that its Services are available outside of the United States.  Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

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You may use the Site, and the information, writings, images and/or other works that you see, hear, or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about F+H Services.

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2. Accuracy and Integrity of Information

The information presented on or through the Site is made available solely for general information purposes.  Although F+H attempts to ensure the integrity and accurateness of the Site, it is not under any obligation to update the Content and makes no guarantees whatsoever as to the usefulness, correctness, or accuracy of the information on this Site.  It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

                   

3. No Medical or Psychotherapy Advice

This Site does not provide medical or psychotherapy advice or diagnosis.  Nothing you read or learn on this Site should be considered to constitute medical or psychotherapy advice, as the Site is provided for general information and educational purposes only.  Information on this Site is not intended to create any therapist-patient or other health or medical relationship.  The health/treatment-related information you obtain from this Site might be inappropriate for your own situation or might be misinterpreted. F+H assumes no responsibility for how you use the information you obtain from this Site.  Although we strive to keep our information up-to-date, health-related information changes rapidly, and some information may be out of date.  For advice about your own health situation, including diagnosis and treatment, please consult with your personal physician.

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4. Electronic Communications

By visiting the Site or by sending e-mails to us, you are knowingly and voluntarily consenting to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  If you would like to opt-out of receiving electronic communications from us, you may do so by advising us of the same in writing.

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5. Use License                                      

Permission is granted to view and use F+H’s Site.  As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms of Use.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site.  You agree that you are responsible for your own conduct while using the Site and for any consequences thereof.  You agree to use the Site only for purposes that are legal, proper, and in accordance with these Terms of Use.  By way of example, and not as a limitation, you agree that when using the Site, you will not:

  • Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;

  • Use any device to retrieve any portion of the Site or collect information about users for any unauthorized purpose or attempt to decompile or reverse engineer any software contained on the Site;

  • Remove any copyright, trademark, or other proprietary rights notices from the materials, or contained in, or on, the Site, or transfer the materials to another person, or “mirror” the materials on any other computer or server;

  • Restrict or inhibit any other user from using and enjoying the Site.

  • Post or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

  • Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; or

  • Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

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You agree that F+H shall decide, in its sole and absolute discretion, if your conduct violates any aspect of these Terms of Use.  F+H may take whatever action it deems appropriate to address such violation including, without limitation, notification of appropriate authorities and removal of your access to the Site.

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6. Confidential and Proprietary Information/Visitor Submissions

We welcome any comments you may have regarding the Site and its Services.  Any such comments or content that you submit to us, such as remarks, suggestions, ideas, graphics, or other information, becomes and remains the exclusive property of F+H, even if these Terms of Use or any other agreement you have entered into with us is later terminated or amended. This means that we do not have to treat any such submission (including, but not limited to, service, product, or advertising ideas) as confidential. We will not pay you, or anyone else, for any information that you provide to us, irrespective of whether we utilize the information.  Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright.

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7. Visitor Chat Rooms and Other Interactive Areas

If the Site should provide areas where visitors can transmit or post communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, F+H may, but is not obligated to, monitor or review any of these areas of the Site.  You understand and agree that F+H will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, tort, contract, etc.  F+H retains the right to remove, in its sole and absolute discretion, communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.

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8. Intellectual Property Rights

The Site and the Content, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by F+H, its licensors, or other providers of such material, and are protected by U.S. and/or foreign copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  No right, title, or interest in the Site or any Content is transferred to you, whether as a result of downloading Content or otherwise.  You may download and reprint Content for non-commercial, non-public, personal use only, and not for further reproduction, publication, or distribution.  Your computer may temporarily store copies of such materials related to your accessing and viewing of the Site and Content.  You may store files that are automatically cached by your web browser for display enhancement purposes.  Except as expressly authorized by this Terms of Use, you may not reproduce, modify, publicly display, publicly perform, republish, download, use, alter, copy, distribute, store, transmit, or derive another work from any Content obtained from the Site or the Services.

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9. Trademarks

The trademarks, service marks, and trade names of this Site are the property of JLH or its content suppliers and are protected by United States and international laws.  Nothing in this Site grants to you any license or right to use any trademark, service mark, trade name or logo without prior written permission of JLH, except as permitted by applicable law.

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10. Links and Hyperlinks

F+H may provide links to various other websites that may be of interest to you and for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  F+H  has no control over the content of those sites or resources, has not reviewed these websites, and is not responsible for the content, accuracy or reliability of any information contained within the websites.  The inclusion of any link on our Site does not imply any endorsement by F+H of the websites.  Use of any such linked website is at your own risk.  Please read the terms of use policies of each website that you may link to from our Site.  The Terms of Use stated in this policy apply only to this Site and the services we offer.  If you decide to access any of the third-party sites linked to this Site, you do so at your own risk. F+H  reserves the right to remove any link or linking program from this Site, at any time, without notice to you.

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Persons constructing other websites may link to any of the pages on our Site, provided he/she does so in a way that is fair and legal, and does not damage our reputation, but may not establish a link in such a way as to suggest any form of association, approval, or endorsement on F+H’s part. You may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of "inlining" them into the context of other web pages, or for linking such isolated elements to other web pages.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease and desist.  We reserve the right to withdraw linking permission without notice.  Any other use by you will be a violation of copyright or other intellectual property rights and could subject you to liability.

 

11. Termination

You may terminate these Terms of Use at any time by discontinuing your use of the Site at any time.  You do not need to specifically inform F+H when you stop using the Site.  You agree that F+H shall decide, in its sole and absolute discretion, if your conduct violates any aspect of these Terms of Use and that F+H may take whatever action it deems appropriate to address such violation including, without limitation, notification of appropriate authorities and removal of your access to the Site and/or any F+H products or services.  You alone are responsible for the content and consequences of any of your activities.

 

12. Warranty Disclaimer

This Site, including any Content or information contained within it or any Site-related Service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. F+H does not warrant or make any representations regarding the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise.  The materials in this Site could include technical inaccuracies or typographical errors.  These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. F+H undertakes no obligation to verify or maintain the currency of such information.  You assume total responsibility and risk for your use of this Site, Site-related Services and hyperlinked websites.  No oral or written information or advice by F+H or its affiliates or authorized representatives shall create a warranty or in any way increase the scope of any warranty.

 

JLH makes no warranty that (i) the operation of the Site will meet your requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected.  You (and not F+H) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software due to any viruses, errors, or other problems that may result from your visiting this Site. 

 

You hereby agree to hold harmless and indemnify F+H, and its shareholders, members, partners, officers, directors, managers, employees, executors, administrators, successors, and assigns, harmless from, and against, all liability, damages, losses, suits, demands, claims, actions, and costs (including, without limitation, court costs and fees of attorneys, investigators, and experts), arising out of, or relating to (a) your breach or violation of these Terms of Use; (b) any information you submit, share, or upload on, or to, the Site; and/or (c) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party.  You shall cooperate fully in the defense of any claim.  F+H reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

13. Limitation of Liability

F+H, and its shareholders, members, partners, officers, directors, managers, employees, executors, administrators, successors, and assigns shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of, or relating to, the Site, Site-related Services, Content or information contained within the Site, and/or any hyperlinked website, whether based on warranty, contract, tort, or any other legal theory, and whether or not advised of the possibility of such damages.  Your sole remedy for dissatisfaction with the Site, Site-related Services, and/or hyperlinked websites is to stop using the Site and/or those Services.  Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

14. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site and the behavior of persons under your control, such as minor children.  You agree to indemnify, defend and hold harmless F+H and its shareholders, members, partners, officers, directors, managers, employees, executors, administrators, successors, and assigns, and any third-party information providers, from, and against, all liability, damages, losses, suits, demands, claims, actions, and costs (including, without limitation, court costs and fees of attorneys, investigators, and experts), arising out of, or relating to, your use, misuse, or inability to use this Site, the Service, or the Content, and any violation by you of these Terms of Use.

 

15. Infringement Claims

Infringement Notification Procedure.  If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Site infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing 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 the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and

  • 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.

 

Such information should be sent to Kim@focusplushypnosis.com.  You acknowledge that if you fail to comply with all the requirements set forth above, your DMCA notice may not be valid.

Counternotice:   If you have had your content removed under the above take-down procedure, and believe that the content is not infringing, you may send a counternotice containing the following information to Kim@focusplushypno.com and  your physical or electronic signature:

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.

  • A statement that you have a good faith belief that the content was removed or disabled because of a mistake or a misidentification of the content.

  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal District Court in which your address is located (or, if the address is located outside the United States, to the jurisdiction of the United States District Court for the Southern District of Connecticut ), and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

  • If a counternotice is received by F+H, then F+H may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days.

 

Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counternotice, at F+H’s sole and absolute discretion.

 

16. Enforcement/Choice of Law/Choice of Forum

If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, which will remain in full force and effect.  Any and all, disputes relating to these Terms of Use, F+H’s Privacy Policy, your use of the Site, the Service, and the Content, are governed by, and will be interpreted in accordance with, the laws of the State of Connecticut, without regard to any conflict of law’s provisions.  Except as provided in Section 15 above, all actions must be brought in a court located in the County of Fairfield, State of Connecticut.

 

17. Entire Agreement

These Terms of Use constitute the entire agreement between you and F+H pertaining to your use of the Site. In its sole and absolute discretion, F+H may, from time to time, revise and update these Terms of Use by updating this posting. All changes are effective immediately when we post them.  Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.  You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this site.

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