Terms and Conditions
Terms and Conditions
This website is operated by Morpheus Hypnosis Ltd., (“Morpheus”, “we” or “us”) and is located at www.hypnotizr.com (the “Site”). The Terms and Conditions govern your (“you” or the “User”) use of the Site.
YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE SITE.
This Site and our products, including but not limited to the recorded hypnosis scripts available for purchase via download (“Hypnosis Downloads”), are not intended to be a replacement for professional medical or psychological advice or treatment. If you require medical or psychological care, you agree to seek the services of a physician or psychologist.
Your use of the Site in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. We reserve the right to modify or change the Terms and Conditions at any time without prior notice to you. Your continued use of the Site signifies your acceptance of such revised Terms and Conditions; therefore, we urge you to read them carefully each time you use the Site.
WHEN LISTENING TO THE HYPNOSIS DOWNLOADS, YOU MUST BE IN A PLACE WHERE YOU CAN SAFELY RELAX AND SLEEP. NEVER LISTED TO HYPNOSIS DOWNLOADS WHILE DRIVING OR OPERATING MACHINERY.
1. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
You may copy electronically or print hard copies of any of the Web pages from the Site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Morpheus. Except when the express written authorization of Morpheus is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from the Site. We reserve complete title and full intellectual property rights in any material that you may copy electronically or print from the Site.
In the event that you purchase a Hypnosis Download, you are permitted to use the Hypnosis Download for your own personal use only. You may download the Hypnosis Download as an MP3 file onto a single computer, save a copy of the Hypnosis Download onto a CD, tape, MP3 player or onto the hard drive of your computer. You are not permitted to use any content of the Site or a Hypnosis Download for any commercial purpose.
2. PROHIBITED OR UNLAWFUL USE.
You warrant to Morpheus that you will not use the Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use the Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of the Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. We expressly prohibit any unauthorized third party linking to the Site.
3. ACCOUNT NAME AND PASSWORD.
For certain activities on the Site, you are required to have an account name and a password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone. You agree to notify Morpheus immediately of any unauthorized use of your account. MORPHEUS DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.
4. PROPRIETARY RIGHTS.
Hypnotizr and The Morpheus Clinic for Hypnosis logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on the Site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner.
All content of the Site, including all information, design, images, sound, photographs, video, illustrations, links to other Internet Sites, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by Morpheus or a Morpheus affiliate or by third parties who have licensed their rights to Morpheus. All such rights are expressly reserved.
5. CONDUCT ON AND USE OF SITE.
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to our server or another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. You agree that we may at any time, and at our sole discretion, terminate or suspend your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above provisions.
The Site may permit you to submit user-generated content. If you provide content, for example, by completing a customer review or by providing feedback, you grant Morpheus a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display what you have written throughout the world in any media. You also grant Morpheus the right to use the name you submit with the feedback or customer review, if any. You also allow Morpheus to group all content submitted within the same account in a user profile. We reserve the right to refuse to post, to edit and to delete forum content at our sole discretion.
Customer reviews and all other information posted in the forum sections of the Site reflect the opinions of the forum participants and in no way reflect the opinion of or are endorsed by Morpheus. Morpheus does not guarantee the accuracy or reliability of any information provided in the forums. Morpheus makes no representation or warranty with respect to the forum section or sections on the Site and assumes no liability for incorrect product information, mistakes, misinformation, falsehoods, profanity, obscenity, or other inappropriate material posted by any forum participant. All forum content must be completed in accordance with the specified guidelines.
ALL CONTENT ON THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MORPHEUS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF MORPHEUS, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE SITE OR ANY OTHER INTERNET SITE LINKED TO THE SITE AND ANY CONTENT ON THE SITE OR ANY OTHER INTERNET SITE LINKED TO THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; OR ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT MORPHEUS DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
MORPHEUS DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THE SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE SITE. MORPHEUS DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF ONTARIO, CANADA. IN MAKING THE SITE AVAILABLE, NO MEDICAL, CLIENT, ADVISORY, FIIDUCIARY OR PROFESSIONAL RELATIONSHP IS IMPLICATED OR ESTABLISHED BETWEEN US.
7. LIMITATION OF LIABILITY.
IN NO EVENT SHALL MORPHEUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THE SITE OR ANY CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO THE HYPNOSIS DOWNLOADS, EVEN IF MORPHEUS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MORPHEUS TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You shall indemnify and save harmless Morpheus, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of the Site.
9. ONLINE PURCHASES.
In order to purchase through the Site you must be the age of majority in your place of residence and you must agree to pay for all charges noted on the Site as payable by you. All prices listed on the Site are in U.S. dollars and all charges will be processed in U.S. dollars. Furthermore, any product ordered or purchased from the Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. Morpheus reserves the right to limit the quantities of certain products which you can purchase through the facilities of the Site. In addition to any other rights or remedies, Morpheus may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of the Site at any time.
10. ERRORS, INACCURACIES, OMISSIONS.
Morpheus makes every effort to ensure that the content on the Site is complete and current. However, Morpheus does not guarantee that the information contained on the Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Morpheus reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Morpheus reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, Morpheus shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to Morpheus in accordance with our Return Policy.
Morpheus will endeavor to deliver your product within 24 hours of order. However, in some instances delivery may take longer and you acknowledge and agree that Morpheus will not be held responsible for any delays in delivery.
11. LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT.
The Site may contain links to other Internet sites which are provided to you for your convenience. Please note that the provision of any links to other Internet sites does not constitute an endorsement by Morpheus of such linked Internet sites. All such other Internet sites are wholly independent from the Site and from Morpheus and Morpheus has no control or power over such other Internet sites including their content. If you visit any of the linked Internet sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.
12. ENTIRE AGREEMENT.
These Terms and Conditions constitute the entire agreement between Morpheus and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between Morpheus and you with respect to such subject matter.
These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
14. GOVERNING LAW.
The Terms and Conditions as well as the use of the Site, including any order or purchase made through the Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein and you hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Province of Ontario with respect to such matters. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
15. RETURN POLICY.
We are confident that you will be extremely happy with your Hypnosis Download. However, if for any reason you are not completely satisfied with your Hypnosis Download, please contact us using the contact information listed at the end of these Terms and Conditions within 60 days from the date of purchase of your Hypnosis Download, and we will refund you in full. Our customer service team will normally be able to respond to your refund request within 48 hours. This guarantee is restricted to one order per customer, although this may be waived at management discretion for customers with an established order history of non-refunded purchases over a period of 6 months or longer.
You may not assign your rights and obligations under these Terms and Conditions to any party, and any purported attempt to do so will be null and void.
17. FORCE MAJEURE.
We shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Hypnosis Downloads or customer refunds in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labour trouble, fire or other damage to or destruction of, in whole or in part, the Hypnosis Downloads or the production facility for the Hypnosis Downloads, the lack of or inability to obtain labour or access to the Internet, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Morpheus, which causes delays or hinders the production or delivery of the Hypnosis Downloads. Morpheus shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
18. HOW TO CONTACT US.
For questions or concerns regarding these Terms and Conditions, including our Return Policy, please contact us at:
106–15 Elm Street
Toronto, ON M5G 1H1
Last updated: 8 March 2012
Copyright © 2012 Morpheus Hypnosis Ltd. All rights reserved.