Online User Agreement

Goodmind Hypnosis Online User Agreement:

1. INTRODUCTION THIS SERVICES AGREEMENT (the “Agreement” and/or “Terms and Conditions”), as amended from time to time by Goodmind Hypnosis and https://goodmindhypnosis.com/, an Ohio corporation, its subsidiaries, affiliates, predecessors, successors, and assigns (the terms “Goodmind Hypnosis,” “us,” “we” and/or “our” shall refer to Goodmind Hypnosis), between you (the terms “Customer,” “you” and/or “your” shall refer to the individual, entity or organization that accepts this Agreement, has access to your account or uses the Services) and Goodmind Hypnosis, sets forth the terms and conditions applicable to your purchase and/or use of our products and services (collectively, the "Services") as further set forth herein. Goodmind Hypnosis together and you may be referred to herein as the “Parties” and each may be referred to herein as a “Party.” This Agreement explains the obligations of Goodmind Hypnosis to you, and your obligations to us concerning any Services you purchase or otherwise utilize. You acknowledge that you have read, understand, and agree to be bound by all of the Terms and Conditions of this Agreement, as well as all other applicable rules or policies, terms, and conditions, or service agreements that are or may be established by Goodmind Hypnosis from time to time and are incorporated herein by reference. You may also elect to purchase additional Services (the “Additional Services”) from Goodmind Hypnosis, our partners, and/or other third parties, which may have their own service agreements or other related terms and conditions, and it is your obligation to review, accept and abide by those service agreements or other related terms and conditions, as well as this Agreement. Goodmind Hypnosis agrees to comply in all material respects with the Payment Card Industry Data Security Standard (“PCIDSS”) to the extent applicable to Goodmind Hypnosis and the extent Goodmind Hypnosis is storing, processing, or transmitting any “Cardholder Data” or “Sensitive Authentication Data” (as those defined under the PCI-DSS) in connection with the Services.

2. SERVICES This Agreement applies to all Services, whether purchased or utilized separately or as part of a complete solution or packaged bundle. Your purchase of the Services, continued use of the Services, and/or continued access to the Services constitutes your acceptance of this Agreement. If you purchase Services that are sold together as a “bundled” package (e.g., you purchase a package that includes both a domain name and a website builder or other Services, as opposed to your purchasing such Services separately), termination of any part of the Services will result in the termination of all Goodmind Hypnosis Services provided as part of the bundled package. See Section 4 (Termination) for additional details on this subject. Goodmind Hypnosis further reserves the right to modify the Services, at our sole and absolute discretion, either temporarily or permanently, at any time or from time to time, with or without notice to you. You agree that Goodmind Hypnosis shall not be liable to you or any third party for any such modification of the Services and that your continued use of the modified Services, and/or continued access to the modified Services, constitutes your acceptance of any such modifications. You acknowledge and agree that some or all of the Services you purchase or receive from us may be provided by one or more vendors, contractors, or affiliates selected by Goodmind Hypnosis in its sole and absolute discretion. As a part of your Services, Goodmind Hypnosis may provide you access to third-party functionality or services, including, but not limited to, advertising, including banner ads and advertisements for special or particular offers, applications, news, and/or local and regional public service announcements, recommended copy, forms and templates that are incorporated or offered as a part of one or more of the Services (collectively, “Third-Party Functionality”). You acknowledge and agree that your use of any Third-Party Functionality to which you are provided access as part of any Goodmind Hypnosis Services is under the terms of any relevant third-party licenses, agreements, and/or terms and conditions. Your failure to abide by any such third-party licenses, agreements, and/or terms and conditions may result in the immediate termination of your Services provided by Goodmind Hypnosis. You understand and agree that Goodmind Hypnosis does not control such Third-Party Functionality and is therefore not liable to you or any third party for any issues of any kind relating to issues relating to Third-Party Functionality. Goodmind Hypnosis reserves the right, in its sole and absolute discretion, to terminate, suspend, cancel, or alter your access to Third-Party Functionality at any time and without notice to you.

3. FEES AND PAYMENTS As consideration for the Services you purchase, order or otherwise utilize, you agree to pay Goodmind Hypnosis all applicable prices and fees as designated in the related order process, with such prices and fees subject to change as provided in this Agreement. All prices and fees are due immediately or upon ordering and are non-refundable, except as otherwise expressly provided in this Agreement, as required by applicable law, or as such prices and fees are billed by Goodmind Hypnosis under an invoice or order confirmation for Services issued to a Customer that expressly permits payment within thirty (30) days after Goodmind Hypnosis has sent the Customer such invoice or order confirmation ("Net-30 Customers"). If you require Additional Services, then additional prices and fees will apply according to the then-current rates, which are also subject to change under this Agreement. You are responsible for payment of all applicable taxes (other than based on Goodmind Hypnosis’s income) including but not limited to sales tax, use tax, value-added tax (“VAT”), and other taxes and governmental charges, whether federal, state or foreign as well as all duties and charges on your payment for the purchase of Services arising from any and all fees under this Agreement. Accordingly, you agree to pay all VAT, sales, and other taxes (other than taxes based on Goodmind Hypnosis income) related to Goodmind Hypnosis services or payments made by you hereunder. All payments of prices and fees for Goodmind Hypnosis Services shall be made in U.S. dollars. Taxes will be calculated based on where you receive services determined by your customer address. All taxes charged will be reflected in your invoice upon payment. You acknowledge and agree that you may be charged VAT based on the country indicated in the account holder’s address information associated with your account. Unless otherwise stipulated in the related order process, payment for the Services is to be made via cash, check, Venmo, a charge to your credit card, charge card, debit card, gift card, EBT, or bank account provided to us (“the Account”). You are solely and absolutely responsible for any Account information that you provide to Goodmind Hypnosis and must promptly inform Goodmind Hypnosis of any changes or updates to the method of payment. You are solely and absolutely responsible for the credit card or payment information you provide to Goodmind Hypnosis and must promptly inform Goodmind Hypnosis of any changes thereto (e.g., change of expiration date or account number). You acknowledge and agree that Goodmind Hypnosis may extend the expiration date on your credit card on file with us to protect against unwanted expiration of your Services. If Goodmind Hypnosis provides any Service discount to you and you default on payments or obligations as outlined herein, Goodmind Hypnosis may rescind all discounts and require full payment for the Services. If Customer pays for the Services by credit card or charge card, the Customer permanently and irrevocably waives any and all right to enact a ‘chargeback' (that is, a disputed, reversed, or contested charge with the applicable bank, credit card, charge card or another payment method) against these payments for any reason whatsoever against Goodmind Hypnosis. If for any reason Goodmind Hypnosis is unable to charge your Account or another payment method for the full amount owed for the Services provided, or if Goodmind Hypnosis receives the notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Account or another payment method, you agree that we may pursue all available lawful remedies to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any your Services (including domain names). We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for (i) additional tasks we may perform outside the normal scope of the Services; (ii) additional time and/or costs we may incur in providing the Services, and/or (iii) your non-compliance with this Agreement (as determined by us in our sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to: (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s), and/or disputes that require accounting or legal services, whether performed by Goodmind Hypnosis staff or by outside firms retained by us; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Goodmind Hypnosis as the results of chargebacks or other payment disputes brought by you, your bank or other payment method processor. These administrative fees or processing fees will be billed to the Account or other payment method you have on file with Goodmind Hypnosis. THE CUSTOMER UNDERSTANDS AND AGREES THAT ALL GOODMIND HYPNOSIS FEES AND CHARGES ARE NONREFUNDABLE AND THAT GOODMIND HYPNOSIS MAY CHANGE ANY PRICE, FEE, OR RATE AT ANY TIME WITHOUT NOTICE TO THE CUSTOMER.

4. TERMINATION A. Generally. Goodmind Hypnosis may terminate this Agreement immediately for any or no reason and without notice to you. Without limiting the foregoing, Goodmind Hypnosis reserves the right to suspend or terminate all Services immediately without notice to you if Goodmind Hypnosis determines, in its sole and absolute discretion, that you have failed to comply with your obligations as outlined in this Agreement. In the event of your chargeback by a credit card, charge card or another payment method, or other non-payment by you in connection with your payments of the Services, you acknowledge and agree that all of your Services may be suspended, canceled or terminated, in our sole and absolute discretion and without notice to you. Unless otherwise stipulated in the related order process, you may terminate this Agreement and the Services by calling Goodmind Hypnosis Customer Service, whereby this termination request may be recorded, and the Services will terminate. You are responsible for all fees incurred up to and including the date of termination and upon termination, you may receive a final bill reflecting the balance due for any remaining charges and agrees to pay all such fees incurred by you and/or via your utilization of the Services. If you order any Services and do not agree to be legally bound by these Terms and Conditions at that time, you must notify Goodmind Hypnosis twenty-four (24) hours prior to your appointment that you desire to cancel such Services, whereby the Services will be canceled. Your failure to notify Goodmind Hypnosis of cancellation of any Services as described above you will incur a $25 cancelation fee, will indicate that you acknowledge and agree that you have read and understood these Terms and Conditions and agree to be legally bound by them. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Service, if applicable. In addition to the terms set forth herein, certain Goodmind Hypnosis Services may have additional terms regarding termination, which are outlined in the applicable supplemental service and/or product agreements.

5. OWNERSHIP. Generally. Except as otherwise set forth herein, all right, title and interest in and to: (i) all registered and unregistered trademarks, service marks and logos; (ii) all patents, patent applications and patentable ideas, inventions and/or improvements; (iii) all trade secrets, proprietary information and know-how; (iv) all divisions, continuations, reissues, renewals and extensions thereof now existing or hereafter filed, issued or acquired; (v) all registered and unregistered copyrights including, but not limited to, any forms, images, graphic designs, audiovisual displays, text and software; and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in or practiced in connection with any of Goodmind Hypnosis Services identified herein (collectively, "Goodmind Hypnosis Intellectual Property Rights") are owned by Goodmind Hypnosis or its licensors, and you agree to make no claim of interest in or ownership of any such Goodmind Hypnosis Intellectual Property Rights. You acknowledge and agree that no title to Goodmind Hypnosis Intellectual Property Rights is transferred to you and that you do not obtain any rights, express or implied, in Goodmind Hypnosis’s Service or its licensors' service, other than the rights expressly granted in this Agreement. To the extent that you create any derivative work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgment, condensation, expansion, collection, compilation, or any other form in which such preexisting works may be recast, transformed or adapted), any such derivative work is owned by Goodmind Hypnosis and all right, title and interest in and to each such derivative work automatically vests in Goodmind Hypnosis. Goodmind Hypnosis has no obligation to grant you any right in any such derivative work.

6. Ownership of Data. You acknowledge and agree that Goodmind Hypnosis owns all database, compilation, collective and similar rights, title, and interest worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to Goodmind Hypnosis a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however, it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (i) the name, postal address, e-mail address, voice telephone number, and where available, fax number of the contact person for a Service, or of the registrant contact, technical contact, administrative contact, (ii) any other information we generate or obtain in connection with the provision of the Services. Goodmind Hypnosis does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name and Goodmind Hypnosis databases as outlined in this Section.

7. Use and Ownership of Images. The Services may contain, utilize, or otherwise involve photo images (the “Images”), and as such Goodmind Hypnosis may provide the Images to you in the process of providing the Services. The Images are either owned by Goodmind Hypnosis or licensed from a third party. Unless otherwise stipulated by Goodmind Hypnosis, your use of the Images is subject to the restrictions outlined in this Section and otherwise under this Agreement. Provided you are not in breach of this Agreement or any of the representations and warranties contained herein, and provided you have paid the applicable fees, you may perform the following actions subject to the restrictions outlined in this Section (upon the termination of the Services or this Agreement all of your rights and licenses in and to the Images will immediately terminate): i. incorporate the Images into your own original work and publish, display, and distribute your work on the Website. You may not, however, resell, sublicense or otherwise make available the Images for use or distribution separately or detached from a product or webpage. For example, the Images may be used as part of a webpage design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, you may be provided with copies of the Images (including digital files) as part of the work product, but you are not permitted to use the Images separately or as part of any other product; ii. back up, copy, or archive the Images as necessary for internal use, and only as necessary for that use. Any copy or archive you make must include the Image's copyright information; and iii. in the normal course of workflow, convey to a third party (such as a printer) temporary copies of the Images that are integral to your work product and without which the product could not be completed. To the use of any Images, you may not: i. create scandalous, obscene, defamatory, or immoral works using the Images, nor use the Images for any other purpose which is prohibited by law; ii. use the Images or any part of it as part of a trademark, service mark, or logo. Goodmind Hypnosis and those third parties from whom they have licensed images retain the full rights to the Images, and therefore you cannot establish their own rights over any part of the Images; iii. remove any copyright or trademark from any place where it appears on the Images or its accompanying materials; iv. rent, lease, sublicense or lend the Images, or a copy thereof, to another person or legal entity without the express wrote consent of Goodmind Hypnosis; v. transfer the rights to the Images, accompanying materials, or storage media for the Images, except as specifically provided for in this Agreement. All other rights are reserved by Goodmind Hypnosis and those third parties from whom Goodmind Hypnosis has licensed images; vi. reverse engineer, decompile, or disassemble any part of the Images, accompanying materials, or storage media for the Images, subject to applicable law; vii. copy or reproduce the Images, accompanying materials, or storage media for the Images; viii. display the Images in any digital format or for any digital use at a resolution greater than 640x480 pixels, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Images in violation of this Agreement; ix. re-sell, distribute or sub-license the Images, storage media for the Images, or the rights to use the Images to anyone for any purpose, except as specifically provided for in this Agreement; or x. use the Images in any way that could be considered defamatory, libelous, pornographic, immoral, obscene, or fraudulent, either by making physical or electronic or ephemeral changes to the Images or in the juxtaposition of the Images to accompanying text. You agree not to use Images as part of any use involving sensitive subject matter, as determined by Goodmind Hypnosis in its sole and absolute discretion, including, but not limited to, the following sensitive subjects: all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, cancer, mental ailments, alternative lifestyle issues, and physical or mental abuse, without prior written consent from Goodmind Hypnosis and any model in such Image. Sensitive subject usage pertains to both commercial and editorial uses.

8. Customer Collection; Use of Visitor Data; Privacy Policy. You are solely responsible for maintaining all Customer Data that is collected by or disclosed to you in trust and confidence and use and disclose such information solely under your privacy policy. You must post, maintain and adhere to your privacy policy that informs your Website customers what Visitor Data is collected, how it is used, the effective date of your privacy policy, and how customers of your Website can learn of changes to your privacy policy. You shall include a hyperlink to your privacy policy on the home page of your Website and on all pages where you collect Visitor Data. In addition, you must prominently include within your posted privacy policy a statement notifying your customers that your Website is hosted by or through Goodmind Hypnosis and that Goodmind Hypnosis has access to aggregated information about customers of your Website for Goodmind Hypnosis to analyze performance and make improvements to Goodmind Hypnosis products.

9. Accurate Information. You agree to (1) provide certain true, current, complete, and accurate information about you as required by the application process; and (2) maintain and update the information you provided to us when purchasing our Services as needed per our modification procedures to keep the information current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our Services. You agree that Goodmind Hypnosis (itself or through its third-party service providers) is authorized, but not obligated, to use Coding Accuracy Support System (“CASS”) certified software and/or the National Change of Address program (and/or such other systems or programs as may be recognized by the United States Postal Service or other international postal authority for updating and/or standardizing address information) to change any address information associated with your account (e.g., registrant address, billing contact address, etc.), and you agree that Goodmind Hypnosis may use and rely upon any such changed address information for all purposes in connection with your account (including the sending of invoices, order confirmations, and other important account information) as though such changes had been made directly by you.

10. CUSTOMER REPRESENTATIONS AND WARRANTIES Customer hereby represents and warrants as follows: i. Customers can form legally binding contracts under applicable law; ii. The customer is at least eighteen (18) years old and is responsible for supervising the activities of any underage user; iii. To Customer’s knowledge, there is no action, proceeding or investigation pending or threatened which questions, directly or indirectly, the validity or enforceability of this Agreement; iv. Entering into this agreement or otherwise purchasing the Services will not conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default or result in a termination of, any agreement or instrument to which Customer is a Party; v. Customer has taken all actions required by applicable law and has obtained all consents which are necessary to authorize or enable it to enter into this Agreement and/or purchase the Services; vi. To the extent that Customer is a business entity, the individual ordering the Services or otherwise entering into this Agreement on behalf of Customer has been duly authorized and is empowered to bind Customer business entity to this Agreement; vii. Customer shall ensure the accuracy of the materials provided to Goodmind Hypnosis, including, but not limited to, Content, descriptive claims, warranties, guarantees, nature of the business, and contact information; viii. Customer will not provide Content or other materials, or use the Services in any manner that either directly or indirectly infringes any rights of a third party; xi. Customer’s Content, other materials provided in conjunction with the Services, and use of the Services will in all respects conform to all applicable laws and regulations; xii. Customer shall use the Services in complete accordance with Goodmind Hypnosis’s Acceptable Use Policy. The customer acknowledges and agrees that it is solely responsible for revising any such policy to accurately reflect the Customer’s business practices. You agree that, if you are using the Services for a third party, you represent and warrant that you have: (i) provided notice to that third party of your intent to purchase the Services; (ii) obtained that third party’s express consent to purchase the Services on its behalf; and (iii) the authority to nonetheless bind that third party as a principal to all Terms and Conditions provided herein. You accept sole and absolute liability for harm caused by the wrongful use of the Services.

11. ACCOUNT ACCESS To access or use Goodmind Hypnosis Services or to modify your account, you may be required to establish an account and obtain a login name, account number, password, and/or passphrase. You authorize us to process any and all account transactions initiated through the use of your password and/or passphrase. You are solely responsible for maintaining the confidentiality of your password and passphrase. You must immediately notify us of any unauthorized use of your password or passphrase and you are responsible for any unauthorized activities, charges, and/or liabilities made through your password or passphrase. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password, or passphrase, or for the unauthorized access to your account(s) as a result of the same. You agree that we may log off, terminate, or cancel any account that is inactive for an extended period of time.

12. PRIVACY, DISCLOSURE, AND USE OF INFORMATION Our Privacy Policy is located on our website at https://goodmindhypnosis.com/. The Privacy Policy sets forth your rights and responsibilities and our rights and responsibilities concerning your personal information. You agree that we, in our sole and absolute discretion, may modify our Privacy Policy. We will post any such revised Privacy Policy on our website and any such Privacy Policy is effective upon posting. You agree to periodically review our websites, including the current version of our Privacy Policy. You agree that, by using our Services after modifications to the Privacy Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us except as otherwise expressly provided in one or more of the supplemental service and product agreements. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our Privacy Policy. You represent and warrant that you have provided notice to, and obtained consent from, any third-party individuals whose personal data you supply to us as part of our Services concerning (i) the purposes for which such third party's personal data has been collected; (ii) the intended recipients or categories of recipients of the third party's personal data; (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, correct the data held about them. You further agree to provide such notice and obtain such consent concerning any third party’s personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete, or inaccurate information. You acknowledge and agree that according to Goodmind Hypnosis's Privacy Policy, Goodmind Hypnosis may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit, including, but not limited to, making publicly available, or directly available to third parties, some or all of such information as follows: (i) for inspection by law enforcement officials (including in the case of potential criminal activity); (ii) to respond to criminal and civil subpoenas and court orders that reasonably appear to be valid; (iii) in connection with the sale of all or certain of our assets; (iv) to enforce or apply the terms of this Agreement; and (v) to protect the rights, property or safety of Goodmind Hypnosis, our users or clients, whether during or after the term of your use of the Services. Goodmind Hypnosis reserves the right to report activity that it believes to be potentially criminal to the appropriate law enforcement agencies. You further acknowledge and agree that Goodmind Hypnosis may make publicly available or directly available to third parties, some or all of the information you provide for purposes of inspection or targeted marketing and other purposes as required or permitted by applicable laws. You hereby consent to any and all such disclosure and the use of guidelines, limits, and restrictions on such disclosure or the use of information provided by you in connection with the registration of a domain name or use of any Services (including any updates to such information), whether during or after Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you to Goodmind Hypnosis. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. Goodmind Hypnosis will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. You acknowledge and agree that Goodmind Hypnosis shall have no liability to you or any third party to the extent such reasonable precautions are taken. In the event that you are providing information about a third party. You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be a sufficient basis in our sole and absolute discretion to cancel your Services. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to an inquiry by Goodmind Hypnosis concerning the accuracy of contact information details shall constitute a material breach of this Agreement. Without limiting your obligations under this Section of the Agreement, you agree that Goodmind Hypnosis (itself or through its third-party service providers) is authorized, but not obligated, to use certain address or billing correction services to update and/or to change an address or billing information associated with your account (including, without limitation, registrant address, billing contact address, and credit card information), and you agree that Goodmind Hypnosis may use such changed information for all purposes in connection with your account (including the sending of invoices). You acknowledge and agree that communications with us are not private and may be published either in their entirety or in edited form at any time, at the sole and absolute discretion of Goodmind Hypnosis.

13. HIPAA If Customer is a Covered Entity under The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and if Goodmind Hypnosis is a Business Associate of Covered Entity under the HIPAA Privacy Regulations, the HIPAA Security Regulations, and the HITECH Standards, then the terms of the Business Associate Agreement located at https://goodmindhypnosis.com/ are hereby incorporated by reference herein.

14. DISCLAIMER YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK AND THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOODMIND HYPNOSIS AND HTTPS://GOODMINDHYPNOSIS.COM/ EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHERMORE, GOODMIND HYPNOSIS DOES NOT WARRANT THAT THE SERVICES AND/OR ANY INFORMATION OBTAINED THEREBY WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE, OR ERROR-FREE. GOODMIND HYPNOSIS FURTHER MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, NOR DOES GOODMIND HYPNOSIS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.

15. INDEMNIFICATION You agree to release, indemnify, defend and hold harmless Goodmind Hypnosis and Goodmind Hypnosis owners, Vecchio Aikikai and Vecchio Aikikai owners, Western Reserve Properties and Western Reserve Properties owners, officers, directors, employees, agents, subsidiaries, partners, contractors, shareholders, attorneys, assigns, and affiliates from and against any loss, liabilities, damages, costs, or expenses, including reasonable attorneys’ fees, resulting from any third-party claim, action or demand arising under or relating to: i. this Agreement or the breach of Customer warranties, representations and obligations under this Agreement or any other Goodmind Hypnosis term, rule, policy or agreement; ii. Customer’s failure to perform under this Agreement; iii. Customer’s use of the Services. You agree that this indemnification obligation survives this Agreement’s termination or expiration. You agree to give prompt, written notice to Goodmind Hypnosis upon the receipt of notice of any claim by a third party against you which might give rise to a claim against Goodmind Hypnosis, stating the nature and basis of such claim and, if ascertainable, the amount thereof. When Goodmind Hypnosis is threatened with a lawsuit or issued by a third party, Goodmind Hypnosis may seek written assurances from you concerning your promise to indemnify Goodmind Hypnosis. Such assurances may, without limitation, be in the form of a deposit of money by you to Goodmind Hypnosis or its representatives to cover Goodmind Hypnosis fees and expenses, including, but not limited to, reasonable attorneys’ fees, in any such lawsuit or threat of suit. Your failure to provide such assurances shall be considered by Goodmind Hypnosis to be a material breach of this Agreement. Goodmind Hypnosis shall have the right to participate in any defense by you of a third-party claim related to your use of any of Goodmind Hypnosis’s Services, with counsel of Goodmind Hypnosis’s choice. Goodmind Hypnosis shall reasonably cooperate in the defense at your request and expense. You shall have the sole and absolute responsibility to defend Goodmind Hypnosis against any claim, but you must receive Goodmind Hypnosis prior written consent regarding any related settlement. The use of Goodmind Hypnosis Services to transmit certain kinds of information (including, but not limited to, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. Since Goodmind Hypnosis exercises no control whatsoever over the information that is received abroad or by foreign nationals within the United States, you agree to comply with all export and import requirements as referenced herein. Goodmind Hypnosis exercises no control whatsoever over the content of information passing through its Service, the entire burden of complying with all applicable laws and regulations is your obligation. You agree to comply with such applicable laws and regulations and to indemnify and hold Goodmind Hypnosis harmless from any damages it may suffer resulting from any violation of the export control laws of the United States.

16. WAIVER No waiver of any provision of this Agreement is effective unless it is in writing and signed by an authorized representative of Goodmind Hypnosis. Goodmind Hypnosis’s remedies under this Agreement are cumulative and not alternative, and the election of one remedy for a breach does not preclude the pursuit of other remedies. The failure of Goodmind Hypnosis to require your performance of any Agreement provision does not affect the full right to require such performance at any time in the future. The waiver by Goodmind Hypnosis of any rights arising out of any breach of any Agreement provision shall not be taken or held to be a waiver of the provision itself. Any failure by Goodmind Hypnosis to enforce any of its rights under this Agreement or any applicable laws does not constitute a waiver of such right. Neither Party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an authorized representative and (ii) in an explicit written waiver. No waiver of any rights arising out of a breach of this Agreement will constitute a waiver of rights relating to any prior or subsequent breach of this Agreement.

17. SEVERABILITY You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid, and, to the maximum extent possible, consistent with applicable law and consistent with the Parties' original intention; and the remaining terms and provisions will remain in full force and effect. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, Goodmind Hypnosis will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Goodmind Hypnosis as reflected in the original provision. The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement, which will remain in full force and effect.

18. FORCE MAJEURE Neither Party is deemed in default hereunder, nor will it hold the other Party responsible for, any cessation, interruption, or delay in the performance of its obligations under this Agreement due to earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labor strike, lockout or boycott, provided that the Party relying upon this Section takes all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period over thirty (30) days in the aggregate, Goodmind Hypnosis may immediately terminate this Agreement and will have no liability therefrom.

19. ENTIRE AGREEMENT This Agreement, as well as any additional Goodmind Hypnosis Terms and Conditions, rules, policies, and service agreements, together with all modifications thereto, constitute the entire agreement between you and Goodmind Hypnosis concerning your use of the Services and any other subject matter related to this Agreement. This Agreement supersedes and governs all prior proposals, agreements, or other communications between you and Goodmind Hypnosis (including, but not limited to, any prior versions of this Agreement). You may not waive, modify, or supplement this Agreement, in whole or in part, except for written permission or amendment by Goodmind Hypnosis. Goodmind Hypnosis reserves the right, in its sole and absolute discretion, to unilaterally change, modify and/or revise the Agreement, and any incorporated policies, agreements, or notices, from time to time. Such changes, modifications, or revisions shall be effective immediately upon posting to this website and are provided to you via the Notice provisions outlined in Section 26 below (Notice) and it is implied you have accepted, and to be apprised of and bound by, any such modifications or revisions to the Agreement through your continued use of the Services.

20. HEADINGS AND INTERPRETATION The section headings contained in this Agreement are inserted for convenience only and do not affect in any way the meaning or interpretation of this Agreement. Also, in all references herein to any parties, persons, entities, or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender and number as the text of this Agreement may require.

21. CONFLICTS WITH OTHER AGREEMENTS In the event of any conflict between this Agreement and the Terms and Conditions governing your use of any Services provided by Goodmind Hypnosis’s third-party service providers or any registry administrator, the Terms and Conditions of this Agreement govern as it relates to any rights, obligations, and remedies as between you and Goodmind Hypnosis.

22. ASSIGNMENT You may not assign or transfer, either directly or through a third party, this Agreement or any of its interests, rights, or obligations hereunder (in any domain, website, product, or service), without the prior written consent of Goodmind Hypnosis. Any attempted assignment in violation of the foregoing provision will be null and void and of no force or effect whatsoever. Goodmind Hypnosis may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without notice to or consent of the Customer. This Agreement is binding upon and shall inure to the Parties' benefit and their respective successors and permitted assigns.

23. AGENCY This Agreement does not create any agency, employment, partnership, joint venture, franchise, license, or other similar or special relationship between you and Goodmind Hypnosis. Neither Party has the right or authority to assume or create any obligations or to make any representations, warranties, or commitments on behalf of the other Party or its affiliates, whether express or implied, or to bind the other Party or its affiliates in any respect whatsoever. The relationship between you and Goodmind Hypnosis is limited to the responsibilities and obligations of both Parties as established in this entire Agreement.

24. NO THIRD PARTY BENEFICIARIES You acknowledge and agree that nothing herein, express or implied, is intended to nor is to be construed to confer upon or give to any person, other than you, any interests, rights, remedies or other benefits conveyed to you herein.

25. EXPORT RESTRICTIONS AND PROHIBITED TRANSACTIONS You acknowledge and agree that you shall not import, export or re-export directly or indirectly, any commodity, including your products incorporating or using any Goodmind Hypnosis Services, in violation of the laws and regulations of any applicable jurisdiction. You warrant as Customer, agent, and/or licensor of Customer, that you are not, nor is Customer acting on behalf of, any person or entity that is prohibited from engaging in transactions with U.S. citizens, nationals, or entities under applicable U.S. laws and regulations including, but not limited to, regulations issued by the U.S. Office of Foreign Assets Control ("OFAC"). In addition, you are not, nor is Customer acting on behalf of, any person or entity that is a Specially Designated National ("SDN"), as OFAC may so designate from time to time. In addition to all other rights and remedies available to Goodmind Hypnosis under this Agreement and at law and in equity, you and/or Customer's breach of this Section will result in immediate termination of the Agreement and forfeiture of any and all Services or amounts previously provided, paid and/or owed to Customer under this Agreement.

26. GOVERNING LAW AND VENUE Except as otherwise outlined in UDRP or any similar ccTLD policy concerning any dispute over a domain name registration, this Agreement shall be governed by the laws of the United States of America and the State of Ohio, without regard to conflict of law principles, as if the Agreement was a contract wholly entered into and wholly performed within Geauga County in the state of Ohio. The application of the United Nations Convention of Contracts for the International Sale of Goods (“CISG”) is expressly excluded. Except as otherwise outlined in the UDRP or any similar ccTLD policy concerning any dispute over a domain name registration, you agree that any judicial proceeding relating to or arising under this Agreement or the Services will be instituted only in a federal or state court of competent jurisdiction in Geauga County in the State of Ohio. You consent to the personal jurisdiction of such court and waive the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or forum non-convenient, or to otherwise seek a change of venue. You agree to waive the right to trial by jury in any action that takes place relating to or arising under this Agreement or the Services (acceptance of this Agreement, which means you no longer have the right to a jury trial). You also agree to waive the right to file a class action claim relating to or arising under this Agreement or the Services. In the event a claim is brought against Goodmind Hypnosis in a foreign jurisdiction (a court other than in Geauga County, Ohio), Goodmind Hypnosis will file to have the claim dismissed per your acceptance of this Agreement existing at the time of your purchase of Services and your continued use of the Services as evidence of acceptance of the Agreement and this Section. The Parties agree that the foregoing obligation is independent of all other obligations herein. You acknowledge that in the event you initiate a judicial proceeding in any court other than one of the aforementioned courts in Geauga County, Ohio, Goodmind Hypnosis may, and likely will incur costs and expenses, including attorneys’ fees, to enforce the agreement of the Parties regarding the court where litigation relating to or arising out of this Agreement or the Services shall be instituted. You expressly agree that Customer will reimburse Goodmind Hypnosis for any such costs and expenses, including, but not limited to, attorneys’ fees, incurred by Goodmind Hypnosis within ten (10) days of receiving a written demand from Goodmind Hypnosis for such reimbursement. You further agree that if you do not timely reimburse Goodmind Hypnosis within ten (10) days of receiving a written demand for reimbursement, you will be responsible for, and agree to pay, all costs and expenses, including, but not limited to, attorneys’ fees, incurred by Goodmind Hypnosis is seeking to collect or recover from you the amount reimbursable by you under this Section.

27. NOTICE All mail Notices from Goodmind Hypnosis to you are deemed effective when: (i) sent by certified mail, return receipt requested or by Federal Express or other recognized overnight delivery service to your last known mailing address; (ii) sent via e-mail to your last known Customer contact e-mail address; (iii) sent via fax to your last known fax number, or (iv) posted on https://goodmindhypnosis.com/ and/or any of the applicable pages linked thereto, as periodically updated. When you provide contact information to Goodmind Hypnosis, you expressly agree that Goodmind Hypnosis may use this information to contact you in any format or manner Goodmind Hypnosis chooses (including but not limited to by telephone, fax, SMS, IM, DM, text, email or direct mail). Goodmind Hypnosis may, but has no obligation to, send a single notice by various means of delivery (i.e., fax, e-mail, certified mail, or express mail). In no event shall Goodmind Hypnosis be liable to you for choosing to send a notice in one manner or format over another. You authorize Goodmind Hypnosis to contact you via the contact information provided in your account information that Goodmind Hypnosis deems is of potential interest to you. Notices and announcements may include commercial e-mails, telephone solicitations, and other notices describing changes, upgrades, new products, and services, or other information pertaining to Internet security or enhancing your identity on the Internet and/or other relevant matters. You shall give Notice to Goodmind Hypnosis by contacting Goodmind Hypnosis’s Customer Service at the phone number listed on Goodmind Hypnosis website or otherwise provided by Goodmind Hypnosis.

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