Terms of Use: Hypnosis

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Hypnosis outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Hey Jen Casey LLC, a New York Limited Liability Company (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of Hypnosis, Client has agreed to purchase the “Hypnosis” (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.

By purchasing or using any of our Programs, Products or Services, you agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy on our Websites, and any other terms and conditions that may apply. All of our Programs, Products, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that you are at least 18 years old.

1. Program Outline:
1. Client agrees and understands that he/she is purchasing the Hypnosis which includes a guided recording.
2. Client acknowledges that he/she has read the Hypnosis Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in the Hypnosis as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website. 
3. This Hypnosis is not to be considered a substitute for medical wellness or treatment. While Coach certified in the following areas: Master NLP, EFT, Hypnosis, Time Techniques, and Life Coach, Coach is not able to nor will she provide any sort of medical diagnoses, treatments, medications, or other services that are completed by a medical professional. Program is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Program is not right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Coach to provide any services other than that outlined below in the Program Outline Addendum.

1. Confidentiality
1. Client understands he or she is purchasing the Hypnosis with Coach; one of the primary elements in engaging in a coaching relationship with Coach is his/her ability to provide Client with personal guidance, teachings, materials, and exercises that make up the program. Following Client’s participation in this Hypnosis, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, and/or other information that may have become available for use through Client’s participation in the program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Coach’s program.  Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise.
2. In addition, Coach understands he/she will likely obtain confidential information about Client and his/her business throughout the course of the program, and hereby agrees not to use, share, or otherwise reveal this information about Client, without Client’s express written consent.
3. Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Program, Client understands additional action may be taken by Coach up to and including legal action.

1. Termination
1. In the event of cancellation or termination by Coach or Client, Client will have 24 hours to pay any and all remaining payments or balances that are owed to Coach.
2. Upon termination by either Coach or Client, Coach reserves the right to immediately refuse or terminate Client access to any aspect of Program, including but not limited to private forums, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to Program at any time without notice and in our sole discretion.
3. All terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination.

1. Testimonials
1. Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another Program created by Coach. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial.
2. If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.

1. Payment and Payment Plans
1. Client understands the cost of the program is thirty three dollars and thirty three cents ($33.33), which is payable up front, in full, prior to services. No payment plans will be provided.
2. Client understands she is not entitled to a refund of funds already issues to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
    
2. Refund Policy
1. Due to the subjective nature of the hypnosis, and Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Coach is not able to offer refunds once Client has purchased the program. If Coach is somehow unable to provide services as outlined on sales page, regardless of Client results, Coach or his/her team will be in touch regarding rescheduling, and/or discussing an alternative form of services, in order to fulfill obligations. If Coach is not able to reschedule, and no suitable alternative form of service is available, Client may be entitled to a partial refund, depending on the amount of work Coach and Client were able to complete. If partial services were performed, Coach and Client may come to an agreement whereby a partial refund is issued, at Coach’s discretion. 
2. Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.

1. Medical Disclaimer – Not Medical or Professional Advice 
1. The purpose and goal of Program is to provide Client with one on one support. Program and content contained within the Program is not to be considered medical advice for any reason, and nothing within the Program is intended to provide or act as a substitute for physical or mental health treatment.
2. While Jen Casey is a Certified Master Hypnotherapist, Certified NLP Master Practitioner, Certified Master TIME Techniques Practitioner, Certified Master EFT Practitioner, Certified Master Success Coach, and is a Legally Ordained Minister with Universal Life Church Ordination, Client understands that none of the above means Jen Casey is providing any medical treatment or services, and Client agrees to consult with his/her personal physician or health professional, prior to implementing any information from Program. There are no treatment or medical-based elements to Program, and it is not meant for those who are in need of (or think they may be in need of) medical services. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a medical professional in your geographical area. Program does not provide health care, medical or nutrition therapy service, and is not attempting to diagnose, treat, prevent, or cure any injury or ailment, or any mental or emotional issue, disease, or condition. Should Client choose to implement teachings from Program, Client agrees he/she is doing so at his/her own risk, and because he/she has made a decision that such information is right for Client’s personal situation.
3. Coach cannot know Client’s personal situation or condition prior to joining Program, and you as the Client agree not to follow the Program content instead of or in place of a personalized consultation with a medical professional. The information contained in Program is not intended to be a substitute for medical advice, nor is anything contained therein designed to provide you with a medical diagnosis, treatment, or other medical services. Coach is not a medical professional, nor is she contending to be in any capacity. Do not disregard or delay seeking professional medical attention because of information you have read on this website or have received from us. Do not stop taking medications without speaking to your medical provider or mental health provider. Jen Casey is not a substitute for a medical professional, nor is any information you find herein. If you have or suspect that you have a medical or mental health problem, contact your own medical provider or mental health provider promptly.
4. Coach encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching Program offered is right for them.
5. Although EFT, NLP and Hypnosis appear to have promising mental, spiritual, and physical benefits, they have yet to be fully researched by the Western academic, medical, and psychological communities and therefore, are still considered experimental.  The methods are self-regulated and still considered “Alternative” or “Complementary” to the healing arts that are licensed in the United Kingdom, United States, Canada and many other countries throughout the world. Should you experiment with any such practices due in whole or in part to content found on Websites, you agree you do so at your own risk, and that Hey Jen Casey LLC is not suggesting or encouraging your use of same without proper medical clearance.

1. Discontinuation of Program
1. Program does not provide any medical advice, treatment, or counseling/therapy services to Client. If at any point during Program, Coach believes Client to be in need of medical treatment or other services Coach cannot provide, Coach will advise Client of this. Client has the right to refuse this referral and ignore the recommendation; however, Client may be asked to discontinue use of Program for his/own well-being, until such treatment can be provided. Should Client wish to disregard Coach’s recommendation and wish to continue with Program, Client agrees to sign an additional waiver confirming this information.
2. If Client has not completed Program at the time of discontinuation, any decisions regarding partial refunds are the sole decision of Coach, and may or may not be offered.

1. Voluntary Participation
1. Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in her services and that Program is able to help many people, You acknowledge and agree that Hey Jen Casey LLC is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein.

1. Disclaimer /No Guarantees
1. Client understands that he or she must actively participate in the full Program in order to receive its full benefits, but doing so does not guarantee results. While many of Coach’s past and current clients have experienced wonderful benefits from the Program, and Coach and his/her team will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results.
2. Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program.
3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in the Program Outline Addendum below, or similar substitutes, upon additional agreement by Coach and Client.
4. Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for.
5. Client also understands he or she is purchasing the Program and participating freely and voluntarily. The information contained within the Program may not be suitable for all persons and all fitness levels, and Client understands he or she is required to modify accordingly, based upon his or her fitness levels, and instructions by physician.

1. Waiver/Assumption of the Risk
1. Client understands he/she is entering into a Program for the purpose of achieving a desired health and/or fitness goal through Coach’s Program. Client confirms he/she is entering into this Program voluntarily and of his/her own free will.
2. Client agrees he/she is aware of and assuming these risks in order to voluntarily proceed with Coach’s Program. Should any such incidents occur, Client understands it is of no fault or responsibility of Coach, and agrees Coach is not liable.

1. Intellectual Property
1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
2. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
3. Claim any content created by Coach as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own.
4. Share purchased materials, information, content with others who have not purchased them.
5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
6. Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
7. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. 
8. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
9. Request for Permission to Use Content: Any request for written permission to use content from our Program, in whole or in part, or any other intellectual property belonging to Coach must be made before Client wishes to use it, by making a written request and sending it via e-mail to [email protected].
10. This Agreement is the intellectual property of Christy Westerfeld, Esq. and may not be used (in whole or in part) without express, written permission from Ms. Westerfeld. Unauthorized use may constitute copyright infringement and may be prosecuted to the full extent of the law.

1. Media Release
1. Media Release. By participating in our Programs, Products, and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
2. Passwords
1. To use certain features of Program, Client may be issued a group username and password or a unique individual username and password, which Client will receive through his/her registration and/or purchase process. Client may be able to change the initial username and/or password to something of his/her choosing. Client is responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by Client or by others) that occur under this password or account. Client is not permitted to share his/her username and/or password with anyone. If we learn a username and/or password has been shared with another person, Coach reserves the right to immediately terminate Client’s access to the Program, Facebook group or any other related communication. It is Client’s responsibility to protect his/her own password from disclosure to others. Hey Jen Casey LLC will not be liable for any loss or damage arising from Client’s failure to protect password or account information. Client is responsible for activities that take place using password(s) and within Client’s account. If Client shares his/her password(s) with anyone, they may be able to obtain access to personal information at Client’s own risk. Client agrees to notify Coach immediately of any unauthorized use of Client’s password or account or any other breach of security. By using Program, Client agrees to enter true and accurate information as part of the registration, purchase process and otherwise.

1. Indemnification

1. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
2. Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

1. Online Purchases
1. You understand that information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company. You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.
2. If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a PayPal invoice instead, you are required to manually pay it by the date due on the invoice or your Program, Product or Service will be put on hold until payment is made. In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently. If you fail to make payment in a timely manner in accordance with these Terms & Conditions and the Program Terms of Use, or voluntarily decide to withdraw from Program, at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Program(s) purchased.
3. When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”). By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information.
4. Since we have a clear and explicit Refund Policy, outlined above, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
5. Limitations of Liability: We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.
6. You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.

1. Dispute Resolution
1. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
2. If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Astoria, NY within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

1. Applicable Law
1. This Agreement shall be governed by and under control of the laws of New York regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of New York are to be applicable here.

1. Amendments
1. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party.

PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing the Hypnosis. Once the Program is purchased, client will receive the details for a live hypnosis and/or the hypnosis recording. 

1. You understand and acknowledge that I am not a doctor, lawyer, therapist, psychic, accountant, nurse, counselor or any other medical professional, nor do I hold myself out to be. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional.
2. You understand and agree that while website and offerings includes information written by a Certified Master Hynotherapist, Certified NLP Master Practitioner, Certified Master TIME Techniques Practitioner, Certified Master EFT Practitioner, and Certified Master Success Coach, nothing is intended as medical advice, personalized advice, nor does any content on website serve as a substitute for working with Jen Casey. All information is to be taken as general education and information on any given subject, which may or may not be right for you, and which may not be considered to be any kind of therapy. Any decision you make to implement or follow information found on Website, or to purchase a product or service, is purely voluntary, of your own volition, and at your own risk. We recommend you consult with your personal physician or other applicable medical professional prior to implementing any content found herein, and/or prior to beginning any program or service we offer.
3. You also understand that subconscious-priming hypnosis work should not be done while driving, operating machinery, or performing any task that would require your full attention.
4. There will be no refunds issued.