TERMS & CONDITIONS
Welcome to https://joymind.com/ (the “Site”, including any and all of its subdomains and associated mobile web applications), a website of Therapacific LLC dba Joymind (“Joymind”, “Company”, “we”, “our”, or “us”). These Terms & Conditions (the “Agreement”) govern your use of and access to the Site. We use the Site to provide information about the Services (as that term is defined herein) we offer to our current and prospective clients. We also use the Site to provide our Services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This Agreement applies to and is binding on Site Users and Joymind Clients. If you do not agree to be bound by the terms stated herein you should not use or access the Site or use the Services.
This Agreement may be amended by the Company from time to time, and at any time, with or without prior notice, in our sole discretion. We may post a revision date on the Site when a material change or update has been made, however, it is ultimately your sole responsibility to review this Agreement periodically to assure your continued agreement to be bound by the terms stated herein. If at any time you find any of the terms of this Agreement disagreeable, you must immediately leave the Site and cease all use of the Services and the Site.
- USE OF THE SITE; USE OF THE SERVICES – ELIGIBILITY
YOU AGREE THAT BY USING THE SITE AND ANY SERVICES OFFERED BY US YOU CONFIRM AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT OR YOU HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN AND WITH SUCH CONSENT YOU OR YOUR PARENT/GUARDIAN ACTING ON YOUR BEHALF ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
MINOR CONSENT: ALL SITE USERS AND JOYMIND CLIENTS UNDER THE AGE OF 18 MUST HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN PRIOR TO USING THE SITE AND/OR SERVICES. WHERE SUCH CONSENT IS REQUIRED, THE PARENT OR LEGAL GUARDIAN CONFIRMS THAT THEY HAVE SOLE RIGHT TO CONSENT TO THE USE OF THE SITE AND/OR SERVICES BY THE MINOR AND BY GRANTING SAID CONSENT AGREE TO BE BOUND BY THIS AGREEMENT.
Any use or access to the Site by anyone under the age of 13 is strictly prohibited and is in violation of this Agreement.
IMPORTANT NOTICE: Hypnotherapists are not licensed therapists, medical doctors or physicians, nor are they psychologists or licensed therapy providers. Hypnotherapists do not, and Joymind Hypnotherapists will not, diagnose or treat any emotional or mental disorders or medical conditions. Hypnotherapists do not prescribe medicine and should never be used as a substitute for traditional medical and therapeutic counseling care. If you are experiencing a health emergency contact your healthcare provider or a healthcare urgent care or emergency care service.
As a JoyMind Client you will be matched with a Hypnotherapist/Coach (hereinafter referred to as a “Joymind Specialist”) who will provide you with hypnotherapy and coaching services (the “Services”) during one or more sessions (a “Session” or the “Sessions”).
- HYPNOTHERAPY & HYPNOSIS
Hypnotherapy utilizes hypnosis and methods and principles, including induction, that help clients discover their inner creative abilities to develop positive thinking and feelings. Hypnosis is not a state of sleep, but instead 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 are based are accessing and utilizing the power of one’s inner resources. Hypnotherapy, through the utilization of hypnosis, can transcend the critical, analytical level of the mind, and facilitate the acceptance of suggestions, directions and instructions desired by the client. The hypnotherapeutic use of hypnosis can also elicit information and insights from the inner mind.
- JOYMIND SPECIALIST SERVICES AND SESSIONS
During your Sessions, your Joymind Specialist will engage in interviews, discussion, inductions and various hypnotic methods that assist in dealing with underlying issues whenever appropriate, with the goal to achieve effective and lasting results. Your Sessions may also include coaching interactions. Coaching interactions may or may not involve clinical hypnotherapy and/or hypnosis.
By engaging JoyMind, you understand and agree that the hypnotherapy Sessions JoyMind provides are not psychotherapy, psychiatric treatment, behavioral health services or any other form of medical treatment, but are complementary and alternative healing and coaching methods aimed at creating positive changes.
You agree to inform the Joymind Specialist with whom you engage in Sessions with of all physical or mental conditions that might affect the success of the Sessions. You understand and agree that you are a full partner in creating changes for yourself and are willing and able to participate fully during Sessions.
The Services also include access to the Site. You acknowledge and agree that the Services are provided “AS-IS”. Company is continuously innovating in order to provide the best possible experience for Site Users and Joymind Clients. You acknowledge and agree that the form and nature of the Services that Company provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Company may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to Site Users or Joymind Clients generally at Company’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Company when you stop using the Services unless you are requesting closure of your account. Company assumes no responsibility for the use of Services outside the terms of this Agreement or other applicable terms. Notwithstanding the above, any scheduled session must be cancelled pursuant to our Cancellation Policy as described herein prior to your termination of the Services.
Considerations Regarding the Services – 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. While we hope the Services are beneficial to you, you understand, agree and acknowledge that there is no guarantee that the Services will fit your needs. You acknowledge that some of the information you become aware of through your use of the Services may be negative, unwelcome or distressing. You agree that you release Company from all liability as stated in Section 21 herein related to how you react to the information you learn through use of the Services.
The Services Do Not Constitute Medical Advice, nor is a Doctor/Patient Relationship Created. 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.
You acknowledge that some portions of the Sessions may be recorded for your use after the Session has ended. We will inform you prior to the starting of the recording and have the opportunity to decline to have that part of the Session recorded. The recordings are for your personal use and Joymind will not retain a copy of the recording. YOU AGREE THAT IF YOU DOWNLOAD OR OTHERWISE USE THE RECORDINGS OUTSIDE OF YOUR SESSION YOU WILL ONLY DO SO IN A SAFE PLACE FREE OF DISTRACTIONS OR PHYSICAL HAZARDS, AND YOU WILL NOT LISTEN TO THE RECORDINGS WHILE DRIVING OR OPERATING MACHINERY.
- SESSION SCHEDULING, CANCELLATION & RESCHEDULING POLICY; SUBSCRIPTIONS & SUBSCRIPTION CANCELLATION
It is the responsibility of the Joymind Client to schedule their Sessions. To schedule a Session contact Joymind customer support during business hours at:
Phone: (888) 233-5650
Text: (863) 591-5004
Business hours: Monday – Friday – 9 AM EST – 9 PM EST
Sat and Sun – 12 PM EST – 9 PM EST
Closed on Holidays
Scheduled Session cancellation or rescheduling requests must be made no less than 48 hours prior to the scheduled Session start time. Failure to attend a scheduled Session will result in a full session fee charge (see Section 6 below) for the scheduled Session.
To cancel or reschedule a Session contact Joymind customer support during business hours at:
Phone: (888) 233-5650
Text: (863) 591-5004
Business hours: Monday – Friday – 9 AM EST – 9 PM EST
Sat and Sun – 12 PM EST – 9 PM EST
Closed on Holidays
If in the sole discretion of the Joymind Specialist the Joymind Client arrives at a scheduled Session unprepared, under the influence of drugs or alcohol, or if during the Session in the sole discretion of the Joymind Specialist the Joymind Client engages in the use of alcohol or drugs, or acts in a derogatory, disrespectful, disruptive or otherwise inappropriate manner, the Joymind Specialist shall have the right to end the Session at any time. If the Joymind Specialist ends the Session for any reason stated herein the Joymind Client will be charged for a full session and no refunds or rescheduling of the Session will be allowed.
Subscriptions are billed to the credit card on file on the same day of each month until cancelled. You can cancel your subscription at any time. NOTE: Subscriptions continue and automatically renew on a monthly basis until you cancel. To avoid being charged for a renewed monthly subscription billing cycle, a subscription must be cancelled prior to its next monthly renewal date.
To Cancel Your Subscription: Joymind Clients can cancel their subscription anytime by reaching out to our customer support through any of the contact points listed below.
Email: [email protected]
Phone: (888) 233-5650
Text: (863) 591-5004
Business hours: Monday – Friday – 9 AM EST – 9 PM EST
Sat and Sun – 12 PM EST – 9 PM EST
Closed on Holidays
Subscription cancellations become effective at the end of the paid for billing cycle. Any paid for but unused subscription Sessions will remain available until the cancellation becomes effective. For the avoidance of doubt, in the event you cancel your subscription prior to using all subscription Sessions available to you for that billing cycle, those unused Sessions shall remain available for you to use until the end of that billing cycle. Thereafter, if not used, those Sessions shall expire. Unused subscriptions Sessions do not roll over or accumulate to the next paid monthly subscription period.
We reserve the right to change our subscription services at any time. Any changes to current subscriptions will take effect only after notice to current subscribers.
- JOYMIND PRICING TIERS
At Joymind, we are devoted to providing outstanding service featuring online individual hypnotherapy Sessions led by our Founder and Joymind Team Specialists.
Joymind has two pricing tiers for our Services: 1. Joymind Team Specialist, and 2. Founder Specialist. Our standard price for a Joymind Team Specialist Session is $249 per session, while a Founder Specialist Session is $499 per session.
All prices are subject to change at the sole discretion of the Company.
- JOYMIND NEW CLIENT REMATCH POLICY
Joymind does not provide refunds for completed or started-but-not-finished Sessions. However, to assure the best results for our Joymind Clients we allow new Joymind Clients to request 1 free rematch to a different Joymind Specialist in the same price tier if after completing their first Joymind Session a Joymind Client is not completely satisfied. The 1 free rematch must be requested within 7 days after the first Session has concluded and at least 48 hours before the scheduled start time for a second Session. If a second Session has been scheduled, the Joymind Client must first cancel the second Session in accordance with our Cancellation Policy (see Section 5) before requesting a free rematch.
- JOYMIND REFUND POLICY
Refunds for completed or started-but-not-finished Sessions are not available. Refunds for unused individually purchased session credits and session credits purchased as part of a multiple session package, subject to the above cancellation policy, will be provided on a prorated basis. For unused and unscheduled individually purchased session credits a full refund may be requested within 30 days of purchase. Subject to the above cancellation policy, for multiple session package credits: 1. if no session credits from the package have been used, a full refund will be provided; 2. If one or more, but not all, of the package session credits have been used, a prorated refund may be provided as described below. All refunds must be requested within 30 days of the date of purchase of the session credits, and only after all scheduled Sessions have been completed or cancelled in accordance with the above cancellation policy. Prorated refunds for unused session credits purchased as part of a multiple session package will be calculated based on each completed Session being charged a full session fee. For example, purchasing a 6-session Joymind Team Specialist pack at a discounted price of $1,200, and requesting a refund after 3 Sessions, will result in the first three Sessions being charged at the full retail price of $249 each, with the prorated refund for unused sessions totaling $453. No refund will be available if the full session fee cost of the utilized sessions surpasses the amount paid for the multiple session package.
SUBSCRIPTION PAYMENTS ARE NOT REFUNDABLE. See subscription cancellation policy in Section 5 above.
Digital (including, but not limited to, meditations, audio downloads and digital .pdf downloads) and Physical (including, but not limited to, printed workbooks, guides, books and course resources) Product purchases from https://library.joymind.com/ are not eligible for refund or return.
- UNUSED SESSION EXPIRATION POLICY
All Joymind individual session credits and session credits purchased as part of a multiple session package of 12 or less must be completed within 180 days from the date of purchase. All sessions purchased as part of a multiple session package of 13 or more must be completed within 18 months from the date of purchase of the package. All unused sessions will expire if not used within the above identified usage periods. Expired sessions are non-refundable and cannot be exchanged or extended.
- ACKNOWLEDGMENT AND AGREEMENT
By either providing your cell phone number and email address to Joymind or otherwise consenting to this Agreement, you are providing prior express written consent to be contacted by or on behalf of Joymind and its affiliated providers (including marketing, telephonic and SMS sales communications). This includes emails to your email address and calls and text/SMS messages to the cell phone number that you provided to Joymind, including those placed using any kind of automated system for the selection or dialing of telephone numbers or automatic telephone dialing system and the playing of an artificial or recorded message when a connection is completed to a number called, and the transmission of prerecorded and/or artificial voice messages. You may opt-out of receiving text and SMS messages from Joymind or its affiliated providers at any time by replying with the word STOP from the mobile device receiving the messages. You are not required to directly or indirectly provide this consent or sign the written agreement or agree to enter into such an agreement as a condition of purchasing any property, goods, or services from Joymind. However, you acknowledge that opting out of receiving text (SMS) messages may impact your experience with the service(s) that rely on communications via text (SMS) messaging. If you wish to create an account or use Joymind’s products and services without providing consent to sales or marketing messages, please send an email to [email protected] indicating your decision, so that we can ensure you do not receive any marketing or sales messages. You will still receive informational and transactional messages if you choose to use our service. Calls to or from Joymind may be recorded for training purposes.
- CUSTOMER ACCOUNTS, PASSWORDS, AND SECURITY
In consideration of your use of the Site and/or 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 the Site 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. You agree 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.
- USER REPRESENTATIONS AND ACKNOWLEDGMENTS
You represent and acknowledge the following:
- 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. You understand that the Services are not to be used as a substitute for healthcare services. 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.
- You represent that you are eighteen (18) years of age or older.
- You represent you are not a citizen of, or reside in, the states of Connecticut or Washington.
- 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.
- 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.
- 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.
- You agree that interacting with Joymind Services and the Siteon any level constitutes your acceptance of this Agreement.
- You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations.
- 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.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services 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.
The Company 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.
- COPYRIGHT INFRINGEMENT
Company copyrighted material shall not be resold or uploaded to be shared or redistributed.
The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring through the unapproved use of Company copyrighted material or 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 protected].
- NO UNLAWFUL OR INAPPROPRIATE USES OF THE SERVICES
- ALLEGED VIOLATIONS
- DISCLAIMER OF WARRANTIES
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE INFORMATION, INCLUDING BUT NOT LIMTED TO INFORMAITON OR RESULTS PROVIDED THROUGH THE SITE, THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. COMPANY DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO RELEASE THE COMPANY AND HOLD US HARMLESS FROM ANY AND ALL ALLEGATIONS, CLAIMS AND CAUSES OF ACTION OF ANY KIND OR TYPE ALLEGED TO HAVE RESULTED FROM THE SERVICES OR FROM USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO AND WITHOUT ANY LIMITATION, ANY AND ALL INFORMATION PROVIDED, COMMUNICATED OR OTHERWISE TRANSMITTED DURING A SESSION, ANY AND ALL OPINIONS, ADVICE OR ADVISORY STATEMENTS, SUGGESTIONS, AFFIRMATIVE ACTS, OR OMMISSIONS, OF A SPECIALIST OR THROUGH OTHER CONTENT AVAILABLE ON THE SITE.
YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU, YOUR REPRESENTATIVES OR ANY THIRD PARTIES FOR ANY, 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 OF OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE THROUGH OR FROM THE SERVICES EVEN IF SUCH ACTION RESULTS IN HARM TO YOURSELF OR OTHERS, (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.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY FOR DAMAGES ARISING FROM YOUR ENGAGEMENT WITH THE COMPANY THROUGH THIS AGREEMENT OR OTHERWISE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOUR OR ON YOUR BEHALF TO THE COMPANY IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE ALLEGED CLAIM.
If the applicable law does not allow for the limitation of liability as set forth in this Section 21, such limitation shall be deemed modified solely to the limited extent necessary to comply with applicable law.
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, specialists, hypnotherapists and coaches and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your (a) USE OF THE SERVICES AND ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE THROUGH OR FROM THE SERVICES, (b) access to or use of the Site, (c) violation of this Agreement, or (d) infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- ARBITRATION & CLASS ACTION/JURY TRIAL WAIVER; GOVERNING LAW, JURISDICTION & VENUE
This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Nevada, without reference to their rules regarding conflicts of law. YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN A COURT OF LAW. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. Pursuant to the agreement to arbitrate all disputes or claims, it is agreed that the Judicial Arbitration and Mediation Service, Inc. (“JAMS”), will have worldwide, exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement. The arbitration shall be conducted in accordance with JAMS’ current rules for streamlined arbitration. The venue for such arbitration shall be in Clark County, Nevada. Notwithstanding any other provision of this Agreement, in the case of a dispute involving a claim for equitable relief, a court with equitable jurisdiction may grant temporary restraining orders and preliminary injunctions to preserve the status quo existing before the events that are the subject of the dispute. Any final equitable or other relief shall be ordered in the arbitration proceeding. Each Party shall pay an equal share of the fees and expenses of any arbitrator and any administrative fees of the arbitration company. Each Party shall the fees of expenses of its own attorney(s) and witnesses.
CLASS ACTION WAIVER: There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against the Company and may not preside over any kind of representative or class proceeding against the Company. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
If this arbitration provision is found to be null and void, then all disputes arising under this Agreement will be subject to the jurisdiction of the state and federal courts located in Clark County, Nevada, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and we agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and we waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor we may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding related to this Agreement or your interactions with the Company.
- SEVERABILITY; WAIVER; ENTIRE AGREEMENT; SURVIVAL
If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement constitutes the entire agreement between you and us and you confirm and warrant that you have not relied upon any representations or promises by the Company other than those as set forth herein. Terms which, by their nature, must remain in effect beyond the termination or expiration of this Agreement shall also survive, including, but not limited to, Sections 15, 17 – 24.
- 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.
Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
TheraPacific LLC., JoyMind
1946 Tyler Street Suite 9
Hollywood, Florida 33020
- SUPPORT CONTACT
Support Contact Information