ARTICLE 1: INTRODUCTION
This website is designed and intended
to provide access to hypnosis and self improvement
products designed and created by and for Cindy Locher, BCH, Total
Mind Body Connection, Inc. Access to and use of this website and the
accessing or using any pages of this website at the URL
(the “Website”), you consent to be bound by this Agreement and
acknowledge your agreement to its terms and conditions. If you do not
agree to be bound by this Agreement, you may not use the Website or any
information provided herein. Please note that if you purchase any of
the hypnosis products on this Website such purchase and use of the
hypnosis products will be governed by the End User License Agreement.
Do not listen in a moving vehicle.
By purchasing a recording from this website, or a recording in conjunction with personal hypnotherapy sessions, you agree never listen to hypnosis recordings while driving a car or operating machinery.
Many of the ChangeWorks hypnosis audios are backed with effective brainwave entrainment music. Brainwave entrainment
is considered quite safe but
isn't appropriate for everyone. Those who should avoid brainwave
entrainment include the following: epileptics or anyone prone to
seizures; pregnant women; anyone who wears a pacemaker; anyone under the
age of 18 (those under the age of 18 are more prone to seizures and
quite possibly haven't been diagnosed as of yet; and those who are
photosensitive. Also, never listen to hypnosis recordings (with or
without brainwave entrainment) when under the influence of alcohol or
drugs and never while driving a vehicle or operating machinery. If you
are on medication, consult a physician before listening to brainwave
Some affiliate products are offered for sale on this site. ChangeWorks Hypnosis/Total Mind Body Connection, Inc. does not warranty affiliate
products. Please use your own discretion when buying any
affiliate product. Contact the appropriate affiliate if you have any
questions or comments about their products.
All content, graphics, code, and software used on or incorporated into
this Website, and the arrangement or integration of all such content,
graphics, code, and software, is subject to copyrights and other
proprietary intellectual property rights held by Cindy Locher, CH, mn-hypnosis.com and Total Mind Body Connection, Inc. ("The
Company"). The Company grants you permission to electronically
download, copy, or
print hard copies of pages from this Website solely for your personal,
non-commercial purposes. You may not sell, publish, advertise, or
otherwise distribute for commercial purposes any information or
materials obtained from the Website. Any use of this Website or content
or information contained herein other than for your own personal,
non-commercial use is strictly prohibited, unless the written permission
of Cindy Locher is obtained first.
Cindy Locher, ChangeWorks Hypnosis Center™, and all other names, and all other related marks are trademarks and
servicemarks of Cindy Locher and Total Mind Body Connection, Inc. All rights in such trademarks and
servicemarks are reserved.
Though The Company uses reasonable efforts to ensure otherwise, this
Website may contain typographical errors or other inaccuracies and may
not be complete or current. The Company therefore reserves the right
to correct any errors, inaccuracies, or omissions and to change or
update information at any time.
Disclaimer of Warranties and Limitation of Liability
The Company provides this Website, its contents, and any and all
products, services, and information described or provided herein on an
“as is” basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT
YOUR SOLE RISK. CINDY LOCHER AND THE COMPANY EXPRESSLY DISCLAIMS WARRANTIES OF EVERY
KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR
INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS PROVIDED IN
CONNECTION WITH OR RECOMMENDED BY THIS WEBSITE AND ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF
WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY OR ANY
OTHER PARTIES INVOLVED IN CREATING OR MAINTAINING THIS WEBSITE BE LIABLE
FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THE COMPANY
OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CINDY LOCHER AND THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED TWENTY DOLLARS ($20).
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitations or
exclusions may not apply to you.
Choice of Law, Waiver, Claims, Severability
By using this Website or accessing any information herein, you agree
that your use of the Website will be governed by the laws of the State
of Minnesota. The Company's failure to
exercise or enforce any right or provision of the Agreement will not be
deemed to be a waiver of such right or provision. If any provision of
this Agreement is found by a court of competent jurisdiction to be
invalid, you agree that the court should endeavor to give effect to the
parties’ intentions and that the other provisions of this Agreement
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of this Website or products purchased through this
Website must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
You may direct any questions concerning this Agreement or notices
required by this Agreement to: Total Mind Body Connection, Inc., Cindy Locher c/o ChangeWorks Hypnosis Center, 7570 W. 147th Street, Suites 301/302, Apple Valley, MN 55124.
Whole Agreement and Amendment
Agreement constitutes the entire agreement between
you and The Company with respect to the subject matter hereof and
supersedes and replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. The Company
may amend or modify this Agreement at any time by posting the new
terms on its Website. It is your responsibility to regularly review
these Terms so you will be apprised of any changes. This agreement was
last revised on June 6, 2010.
END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) is a legal
agreement between you and Total Mind Body Connection, Inc.
(“The Company”), governing the license and use of the audio content owned or
licensed by The Company and made available for purchase on this website
(collectively, the “Recordings”). All use by you of the Recordings is
governed by this EULA.
Please read the EULA carefully, because it is a
legal contract and imposes obligations on you as a user of the
BY PURCHASING ANY PRODUCT OR SERVICE FROM THIS
WEBSITE, YOU WILL BE BOUND BY THIS EULA, AND YOU SIGNIFY YOUR CONSENT TO
THE LICENSE GRANTS CONTAINED HEREIN AS WELL AS THE TERMS AND CONDITIONS
OF THIS EULA.
BY PURCHASING ANY PRODUCT OR SERVICE FROM THIS
WEBSITE, YOU FURTHER AGREE THAT YOU HAVE OR WILL REVIEW AND ACCEPT THE
TERMS AND CONDITIONS OF THIS EULA BEFORE LISTENING TO ANY RECORDINGS.
ARTICLE 2: USER LICENSE
2.1 User License. Subject to the terms and
conditions and for the limited purposes set forth herein, The Company grants
you the limited and non-transferable, right and license to: (i) download
the Recordings you have purchased from this website and listen to the
Recordings on devices owned by you; and/or (ii) listen to the compact
disc containing the Recordings you purchased from this website on
devices owned by you.
2.2 Ownership. You hereby acknowledge that nothing
in this EULA is meant or shall be deemed to give you any rights in any
works of authorship or copyrights owned or licensed by The Company. In the
event that the owner, in whole or jointly, of the Recordings is a party
other than The Company, you agree that such party shall be a third party
beneficiary under this EULA and shall have the right to enforce the
terms and conditions of this EULA that pertain to such party’s rights in
and to the Recordings as if such party were a party to this EULA.
2.3 Restrictions. The following restrictions shall
apply to your use of the Recordings in any format and on any media:
(a) You may not copy or reproduce any portion of
(b) You may not distribute, share through any
information network, transfer, sell, lease, or rent any of the
Recordings to any other person or entity, in whole or in part.
(c) You may not change, alter, modify, or create
derivative works, enhancements, extensions, or add-ons to any of the
(d) You may not decompile, reverse engineer, or
disassemble any of the Recordings, in whole or in part.
(e) You may not use the Recordings for commercial
purposes, or purposes other than your personal use and enjoyment.
(f) You will at all times comply with, and will not
circumvent or attempt to circumvent, any of the restrictions on use set
forth in this Section 2.3 or elsewhere in this EULA or the restrictions
provided in the U.S. Copyright Act, 17 U.S.C. § 101, et. seq.
ARTICLE 3: CHANGES
The Company or the owner of this website reserve the
right, in their sole discretion, and from time to time, to change the
format or content of the Recordings available on this website, or the
media on which such Recordings are contained. These updated or
re-formatted Recordings may be made available to you for a fee. You
agree that from time to time The Company or the owner of this website may
remove or disable access to the Recordings for indefinite periods of
time, or any portion thereof, at any time, without notice to you.
ARTICLE 4: NO MEDICAL ADVICE PROVIDED
THE CONTENTS OF THE RECORDINGS ARE NOT INTENDED TO
BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR
TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED
HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL
CONDITION. RELIANCE ON ANY INFORMATION OR HYPNOTHERAPY GUIDANCE
PROVIDED IN OR VIA THE RECORDINGS IS SOLELY AT YOUR OWN RISK.
ARTICLE 5: DISCLAIMER OF WARRANTIES AND
5.1 Disclaimer. The Company is making the Recordings
available to you on an “as is” and “as available” basis and you agree
that your use of the Recordings is at your own risk. THE COMPANY DISCLAIMS
ALL WARRANTIES THAT RELATE IN ANY WAY TO THE RECORDINGS, THE CONTENT OR
ANY PORTIONS OR COMBINATION THEREOF, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, AVAILABILITY,
ACCURACY, ADEQUACY, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE.
5.2 Indemnity. You shall defend, indemnify, and
hold harmless The Company and its employees and agents, from and against any
and all suits, proceedings, claims, losses, and damages (including
reasonable attorneys’ fees) related to: (i) any breach by you of this
EULA, and (ii) any claim by a third party that arises from your use or
misuse of the Recordings.
5.3 Limitation of Liability. IN NO EVENT SHALL
THE COMPANY OR ITS OFFICERS, DIRECTORS, AGENTS, OR LICENSORS BE LIABLE
FOR SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE
RECORDINGS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, AND
ERRORS OR OMISSIONS IN CONTENT, REGARDLESS OF THE FORM OF ACTION,
WHETHER THE COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. THE TOTAL LIABILITY OF THE COMPANY, IF ANY, ARISING OUT OF OR
CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE
RECORDINGS SHALL NOT EXCEED IN THE AGGREGATE THE FEES ACTUALLY PAID BY
YOU FOR THE APPLICABLE RECORDINGS. THE PROVISIONS HEREIN CONCERNING
LIMITATIONS OF LIABILITIES AND DAMAGES ALLOCATE THE RISKS OF THIS
AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE
ECONOMIC TERMS OF THIS AGREEMENT AND IS AN ESSENTIAL ELEMENT OF THE
BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THE LIMITATIONS OF
LIABILITY SET FORTH ABOVE ARE INDEPENDENT OF, AND SHALL SURVIVE THE
FAILURE OF, ANY OTHER PROVISION IN THIS AGREEMENT (INCLUDING EXCLUSIVE
5.4 Errors; Accuracy; Security. Though The Company uses
reasonable efforts to ensure otherwise, the Recordings may contain
errors or other inaccuracies and may not be complete, accurate, or
current. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (I) THE
RECORDINGS WILL BE ERROR-FREE, ACCURATE, OR CURRENT, OR (II) YOUR USE OF
THE RECORDINGS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM LOSS
CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY
INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO.
ARTICLE 6: MISCELLANEOUS
6.1 Choice of Law. This EULA shall be governed by
the laws of the State of Minnesota (regardless of the laws that might
otherwise govern under applicable Minnesota principles of conflicts of
law) as to all matters, including but not limited to matters of
validity, construction, effect, performance and remedy. Dakota County,
Minnesota shall be the proper place of venue for all suits to enforce
EULA, and any legal proceedings to enforce the provisions hereof shall
be brought in the District Courts of Dakota County, Minnesota.
6.2 Severability. The invalidity or
unenforceability of any provision of this EULA shall not affect the
validity or enforceability of the remaining provisions, and this EULA
shall be construed as if such invalid or unenforceable provisions were
omitted, unless the omission of such provision would deprive one of the
parties of a material benefit of its bargain hereunder.
6.3 Assignment. You may not assign this EULA. Any
assignment made in contravention of this provision shall be null and
void for all purposes.
6.4 Binding Effect. This EULA shall be binding on
and inure to the benefit of the parties and their respective successors
and permitted assigns.
6.5 Entire EULA. This EULA constitutes the entire
EULA and understanding of the parties hereto in respect of the subject
matter contained herein and supersedes all prior agreements, consents
and understandings relating to such subject matter.
ARTICLE 7: REGISTRATION AND ACCEPTANCE.
By downloading, listening to, or otherwise
accessing the Recordings, you represent and warrant that you are 18
years of age or older, capable of entering into a binding legal
agreement, and have read, understand, and agree to be bound by all
provisions of this EULA. For purposes of this EULA, the “Effective
Date” shall mean the date on which you first accepted this EULA by
ordering any product(s) from this website.