TERMS AND CONDITIONS OF USE

Introduction

This is an agreement between you and Duncan Tooley doing business as Tooley Transformation Training (TTT) regarding the use of this website and purchase and/or download of goods from the Catalog.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

License to use website and products

Unless otherwise stated, TTT and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You may download for your own use exclusively the information from this website.  The single exception is that you may share information and content with your under-18-year-old children who are excluded from use of this website.  You take full responsibility for their use.

You must not:

  •  republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • redistribute material from this website except for content specifically and expressly designated as available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without TTT’s express written consent.

Restricted access

Access to certain areas of this website is restricted.  TTT reserves the right to restrict access to other areas of this website, or indeed this entire website, at TTT’s discretion.

If TTT provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

TTT may disable your user ID and password in TTT’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to TTT a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to TTT the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or TTT or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

TTT reserves the right to edit or remove any material submitted to this website, or stored on TTT’s servers, or hosted or published upon this website.

Notwithstanding TTT’s rights under these terms and conditions in relation to user content, TTT does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

DISCLAIMER OF WARRANTY:    (the law requires that this be obvious, hence the big font!)

THIS WEBSITE CONTAINS SOME GENERAL INFORMATION ABOUT MEDICAL CONDITIONS AND TREATMENTS.  THE INFORMATION IS NOT ADVICE, AND SHOULD NOT BE TREATED AS SUCH.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,  THE INFORMATION ON THIS WEBSITE, INCLUDING ANY MEDICAL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH A BENEFICIAL OUTCOME IS INTENDED, TTT DOES NOT WARRANT THAT THE MEDICAL INFORMATION ON THIS WEBSITE IS COMPLETE, TRUE, ACCURATE, UP-TO-DATE, OR NON-MISLEADING. TTT DOES NOT WARRANT THE OPERATION OF ITS OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE.

YOU BEAR THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE INFORMATION SHOULD IT NOT BE BENEFICIAL FOR YOU. NO ORAL OR WRITTEN INFORMATION OR SUGGESTIONS GIVEN SHALL CREATE A WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE TERMS OF USE AGREEMENT.

Professional Medical Assistance

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.

If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.

If you think you may be suffering from any medical condition you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

Liability

Nothing in this medical disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

LIMITATION OF LIABILITY: 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL TTT BE LIABLE TO YOU OR ANY OTHER PERSON IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THIS WEBSITE:

  •  TO THE EXTENT THAT THE WEBSITE IS PROVIDED FREE-OF-CHARGE, FOR ANY DIRECT LOSS;
  • FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR
  • FOR ANY PERSONAL INJURY, BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA.

THESE LIMITATIONS OF LIABILITY APPLY EVEN IF TTT HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that TTT has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against TTT’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect TTT’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as TTT.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify TTT and undertake to keep TTT indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by TTT to a third party in settlement of a claim or dispute on the advice of TTT’s legal advisers) incurred or suffered by TTT arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to TTT’s other rights under these terms and conditions, if you breach these terms and conditions in any way, TTT may take such action as TTT deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

TTT may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

TTT may transfer, sub-contract or otherwise deal with TTT’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and TTT in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Uniform Commercial Code of the United States, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Los Angeles, California.

Registrations and authorizations

TTT has been certified by and is a registered member of the International Hypnosis Federation.  You can find the online version of the register at www.HypnosisFederation.com.

TTT subscribes to the International Hypnosis Federation Code of Ethics.  This code can be consulted electronically at http://hypnosisfederation.com/about-ihf/104-ihf-code-of-ethics.html

TTT’s details

The full name of TTT is Duncan S. Tooley, Jr. doing business as Tooley Transformation Training.

TTT’s address is 2742 San Ramon Drive, Rancho Palos Verdes, California, postal code  90275, USA.

You can contact TTT by email to duncantooley @ gmail.com

 Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.