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Terms and Conditions

Positively Hypnosis Sites' Terms and Conditions for Use. EFFECTIVE DATE: January 5, 2017 POSITIVELY HYPNOSIS, WWW.POSITIVELYHYPNOSIS.COM, USER SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THESE WEB SITES, MAKING A PURCHASE OR LISTENING TO ANY AUDIO FILES. THIS AGREEMENT COVERS THE USE OF THE POSITIVELY HYPNOSIS WEBSITES AND THE PURCHASING OF PRODUCTS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THESE WEB SITES. BY USING THESE WEB SITES, EITHER BY ACCESSING, DOWNLOADING FROM, UPLOADING TO, OR OTHERWISE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. POSITIVELY HYPNOSIS USER AGREEMENT These TERMS and CONDITIONS serve to protect both parties by preventing confusion, misunderstanding, and to ensure POSITIVELY HYPNOSIS and User both act fairly. Please read these TERMS and CONDITIONS carefully. These Terms and Conditions apply to your use of the POSITIVELY HYPNOSIS SITES and any session downloads that you purchase from the POSITIVELY HYPNOSIS SITES because by accessing the POSITIVELY HYPNOSIS SITES you are agreeing to be legally bound by these TERMS. These TERMS and CONDITIONS may be updated by us from time to time without notice to User. Therefore User should review these TERMS and CONDITIONS periodically for changes. These TERMS and CONDITIONS can be found in the DISCLAIMER SECTION at the bottom of each site's PAGE. The POSITIVELY HYPNOSIS SITES list and describe a number of spoken-word hypnosis session recordings which may be either listened to online or purchased for download by following the simple instructions on the POSITIVELY HYPNOSIS. Your purchase of any of these hypnosis downloads is subject to confirmation by POSITIVELY HYPNOSIS and is governed by these TERMS and CONDITIONS as well as any additional conditions specified in the POSITIVELY HYPNOSIS Sites, emails or other correspondence from POSITIVELY HYPNOSIS at the time of purchase. SECTION 1: DEFINITIONS 1.1 POSITIVELY HYPNOSIS (referred to "We" and "Us" infra) is a sole proprietorship. 1.3 USER "User" shall refer to any person who enters or uses any of the POSITIVELY HYPNOSIS Sites; notwithstanding the fact such a person only visits the home page. "User" is a purchaser, visitor or subscriber to the POSITIVELY HYPNOSIS Sites. "User" is referred herein as "You", "Your", "Customer", "Visitor", and "Purchaser." 1.4 CURRENCY "Currency" shall mean United States currency. All prices quoted are in U.S. Dollars. 1.5 PERSONAL INFORMATION "Personal Information" shall mean any confidential or other proprietary information disclosed by User to POSITIVELY HYPNOSIS hereunder, including, but not limited to, name, postal address, credit card information, and email address. 1.6 LANGUAGE All references referring to the singular refer to the plural and vice versa. SECTION 2: GENERAL PROVISIONS TERMS OF USE POSITIVELY HYPNOSIS provides these Web sites as a service to its customers. By using the POSITIVELY HYPNOSIS Sites, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE POSITIVELY HYPNOSIS SITES. POSITIVELY HYPNOSIS may change these Terms of Use from time to time, at its sole discretion. Your continued use of the POSITIVELY HYPNOSIS Sites following the posting of such changes will constitute your assent to all such changes. 2.1 USE OF INFORMATION AND AUDIOFILES AVAILABLE ON THE POSITIVELY HYPNOSIS SITES You acknowledge that POSITIVELY HYPNOSIS reserves the right to modify, revise or discontinue the POSITIVELY HYPNOSIS Sites, or any features, functionality or services provided as part of or in connection with the POSITIVELY HYPNOSIS Sites, without prior notice. Generally speaking, all information or materials contained on the POSITIVELY HYPNOSIS Sites (including but not limited to all graphics, images, or other types of content), is the property of POSITIVELY HYPNOSIS and/or its suppliers or licensors. Any files available to download from the POSITIVELY HYPNOSIS Sites are the copyrighted work and intellectual property of POSITIVELY HYPNOSIS and/or its suppliers or licensors. Use of such files is governed by the terms of any User Agreement included herein. Copying the audio files to any other location for further reproduction or redistribution is expressly prohibited. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE POSITIVELY HYPNOSIS SITES, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE POSITIVELY HYPNOSIS SITES. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS. 2.2 DESIGN AND LAYOUT The design of the POSITIVELY HYPNOSIS Sites is the property of POSITIVELY HYPNOSIS. Elements of the POSITIVELY HYPNOSIS Sites, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other intellectual property laws, and may not be copied or imitated, unless specifically indicated. 2.3 USER PRIVACY INFORMATION In general, Visitors may visit the POSITIVELY HYPNOSIS Sites while remaining anonymous and not revealing any personal information. POSITIVELY HYPNOSIS reserves the right to use "cookie" technology to obtain non-personal information from its on-line visitors, and to provide customization options at login, or to keep track of where you are in the POSITIVELY HYPNOSIS Sites in order to provide the correct customization options when you use the POSITIVELY HYPNOSIS Sites. In addition, you may be required to provide certain personal information, such as your name, address, and email, before you can participate in certain portions of the POSITIVELY HYPNOSIS Sites. POSITIVELY HYPNOSIS does not sell Personal Information to third parties that User has submitted to the POSITIVELY HYPNOSIS Sites. Whenever User registers at any of the POSITIVELY HYPNOSIS Sites via email, POSITIVELY HYPNOSIS will treat your email address with the greatest of respect and confidence. POSITIVELY HYPNOSIS will never sell, exchange, or redistribute said Personal Information. Further, if User unsubscribes using the link embedded in every email, User's address will be deleted from POSITIVELY HYPNOSIS records permanently. If you have any further concerns, please contact POSITIVELY HYPNOSIS utilizing contact information provided in Section 1.1 supra. When User makes a purchase from or subscribes to any of the POSITIVELY HYPNOSIS Sites, POSITIVELY HYPNOSIS will collect information about User necessary to process User's order. This information may include, but is not limited to, details such as your name and your address. 2.4 USER'S CREDIT CARD INFORMATION POSITIVELY HYPNOSIS does not have access to your credit card details at any time in the course of the transaction. User's credit card will be processed by WORLDPAY, a worldwide online payment processor and you will be subject to their Terms and Conditions. WORLDPAY is a separate legal and business entity which is not owned or affiliated by POSITIVELY HYPNOSIS and POSITIVELY HYPNOSIS Sites. WORLDPAY's User Agreement and Privacy Policy can be viewed at http://www.worldpay.com/us/privacy-policy-us  2.5 USER FEEDBACK AND IMPROPER TRANSMISSIONS Except for Personal Information, if User transmits to or otherwise provides to POSITIVELY HYPNOSIS any feedback such as questions, comments, suggestions, or the like (hereinafter "User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. POSITIVELY HYPNOSIS shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to POSITIVELY HYPNOSIS, you are deemed to grant to POSITIVELY HYPNOSIS a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback. User is prohibited from posting or transmitting to the POSITIVELY HYPNOSIS Sites any unsolicited chain letters or "spam", or any threatening, harassing, libelous, false, or defamatory, material, or other material that would violate any applicable law or regulation. However, if such communications do occur, POSITIVELY HYPNOSIS will have no liability related to the content of any such communications. User may not post or transmit to the POSITIVELY HYPNOSIS Sites any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations. 2.6 DELETION AND LOCKOUT Failure to adhere to any of these Terms of Use may result in messages and/or posted information being blocked, deleted from the POSITIVELY HYPNOSIS Sites and possible lockout. POSITIVELY HYPNOSIS also reserves the right to take any actions it deems necessary or appropriate to protect the POSITIVELY HYPNOSIS Sites and its content. 2.7 FRAMING AND DEEP LINKING User is permitted to view the POSITIVELY HYPNOSIS Sites only in its full presentation form and are prohibited from "framing" the POSITIVELY HYPNOSIS Sites. You are prohibited from "deep linking", whereby you use the content from the POSITIVELY HYPNOSIS Sites with any other web site via active linking or data mining without express written permission of POSITIVELY HYPNOSIS. 2.8 VIOLATION OF TERMS OF USE User acknowledges that POSITIVELY HYPNOSIS has the right, in its sole discretion, to terminate User's access to the POSITIVELY HYPNOSIS Sites, without liability to User or any third party, if User violates any of these Terms of Use, violates the rights of POSITIVELY HYPNOSIS, interferes with any other user's access or use of the POSITIVELY HYPNOSIS Sites, or if POSITIVELY HYPNOSIS decides that User's use is otherwise detrimental to POSITIVELY HYPNOSIS, the POSITIVELY HYPNOSIS Sites, or POSITIVELY HYPNOSIS's suppliers or licensors. If User believes that someone has violated these Terms of Use, please contact POSITIVELY HYPNOSIS. POSITIVELY HYPNOSIS may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. POSITIVELY HYPNOSIS does not have any obligation or liability to User for the performance or nonperformance of those activities. 2.9 GENERAL These Terms of Use are governed by the laws of the State of California without regard to the rules of conflict which may cause the laws of another jurisdiction to apply. User agrees to the sole and exclusive jurisdiction and venue of the courts of California in the event of any dispute of any kind arising from or relating to the POSITIVELY HYPNOSIS Sites, or your use or review of it. The failure of POSITIVELY HYPNOSIS to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect. SECTION 3: DISCLAIMERS, EXCLUSIONS, LIMITATIONS For avoidance of doubt, please note that the term "POSITIVELY HYPNOSIS Sites" as used in this Section, infra, encompasses all content of all POSITIVELY HYPNOSIS Sites whatsoever. 3.1 DISCLAIMERS THE POSITIVELY HYPNOSIS SITES ARE PROVIDED BY POSITIVELY HYPNOSIS "AS IS" AND WITH ALL FAULTS. POSITIVELY HYPNOSIS AND ITS SUBSIDIARIES, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE POSITIVELY HYPNOSIS SITES, ITS CONTENTS OR ITS OPERATION. POSITIVELY HYPNOSIS SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. POSITIVELY HYPNOSIS AND ITS SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE POSITIVELY HYPNOSIS SITES, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE POSITIVELY HYPNOSIS SITES OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY. POSITIVELY HYPNOSIS AND ITS SUBSIDIARIES, AND AFFILIATES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION. NEITHER POSITIVELY HYPNOSIS NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THE POSITIVELY HYPNOSIS SITES FOR ANY PARTICULAR PURPOSE. USER ACKNOWLEDGES THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF ANY INFORMATION OR MATERIALS ON THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH POSITIVELY HYPNOSIS SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS. 3.2 CONTENT OF POSITIVELY HYPNOSIS SITES The content of the pages of the POSITIVELY HYPNOSIS Sites is for your general information and use only. It is subject to change without notice. These POSITIVELY HYPNOSIS Sites contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions (see Section 4, infra). All trademarks reproduced on the POSITIVELY HYPNOSIS Sites which are not the property of, or licensed to POSITIVELY HYPNOSIS are acknowledged on the POSITIVELY HYPNOSIS Sites. Unauthorized use of the POSITIVELY HYPNOSIS Sites may give rise to a claim for damages and/or be a criminal offense. From time to time the POSITIVELY HYPNOSIS Sites may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that POSITIVELY HYPNOSIS in any way endorses the website(s). POSITIVELY HYPNOSIS has no responsibility for the content of the linked website(s). User may not create a link to this website from another website or document without that business" prior written consent. 3.3 EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL POSITIVELY HYPNOSIS OR ITS SUBSIDIARIES, AND AFFILIATES OR THEIR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE POSITIVELY HYPNOSIS SITES (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE POSITIVELY HYPNOSIS SITES, OR THE USE OR INABILITY TO USE ANY OTHER SITES LINKED TO THE POSITIVELY HYPNOSIS SITES, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF POSITIVELY HYPNOSIS AND ITS SUBSIDIARIES AND AFFILIATES, THEIR SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF POSITIVELY HYPNOSIS, AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. POSITIVELY HYPNOSIS in no way warranties the effectiveness of the audio files placed on the POSITIVELY HYPNOSIS Site. Said files are hypnosis files, intended for willing participants of legal age, and are intended for ENTERTAINMENT PURPOSES ONLY. USE AT YOUR OWN RISK. 3.4 LEGAL RELATIONSHIP The scripts, words, speakers, images, audio and any and all material contained in the POSITIVELY HYPNOSIS Sites are not produced by a mental health professional, unless expressly stated otherwise therein. They are produced for entertainment use only Notwithstanding the consultation or non-consultation of the aforesaid mental health professional, no medical, client, advisory, fiduciary or professional relationship is implicated or established between POSITIVELY HYPNOSIS and User. 3.5 WARNINGS SPECIFIC TO CONTENT OF AUDIO FILES The audio files available for purchase on POSITIVELY HYPNOSIS Sites are designed to create psychological changes in a person and are organized, and listed by what they are designed to do. Every effort is made to accurately describe the content of said files. However, POSITIVELY HYPNOSIS is not liable for any errors or omissions. There is a high likelihood User will become extremely relaxed by listening to these files. Never listen to these files when driving a car, using machinery or at any time when a full, alert, state of mind is required. Always listen to these files in a safe and secure location. These audio sessions use brainwave altering sounds. Please use caution when playing these brainwave altering sounds in the presence of others. User should refrain from using POSITIVELY HYPNOSIS audio files if User is susceptible to seizures and/or is uncomfortable having User's brainwaves stimulated. These sessions should not be used by pregnant women, those who are wear a pacemaker, and those who have had or are prone to seizures or are epileptic. These sessions are not to be used while under the influence of alcohol or other mood altering substances, whether they are legal or illegal. PLEASE DO NOT USE THESE FILES IF: a. You suffer from ongoing mental illness, including but not limited to, anxiety, schizophrenia, depression; b. You are currently taking any prescription or non prescription medications to treat mental illness including but not limited to anxiety, schizophrenia or depression; and c. You are aware of any reason mental, physical or otherwise that would mean you should not be hypnotized. Please exercise balance and discretion and seek professional assistance if necessary. POSITIVELY HYPNOSIS is in no way liable for any damages. 3.6 THIRD PARTIES AND THIRD PARTY LINKS The POSITIVELY HYPNOSIS SITES may provide links to other web sites or resources. As POSITIVELY HYPNOSIS has no control over such sites and resources, we are not responsible for the availability of such external sites or resources, do not endorse and are not liable for any content, advertising, products, or other materials on or available from such sites or resources. Any dealings by you with any third party on or through the POSITIVELY HYPNOSIS SITE shall be solely between you and that third party and, so far as permitted by law, POSITIVELY HYPNOSIS shall not be liable for any loss or damage which you may incur as the result of any such dealings. 3.7 RETURN POLICY 3.7(a) Purchase of Audio Files As these are digital products that can be easily copied there are NO RETURNS OR REFUNDS once the order and payment is received by POSITIVELY HYPNOSIS. Notwithstanding this fact and since member satisfaction is very important to POSITIVELY HYPNOSIS, we will endeavor to find a fair and prompt solution to any issue you may have, though POSITIVELY HYPNOSIS and POSITIVELY HYPNOSIS Sites are under no legal obligation to do so. 3.7(b) Purchase of POSITIVELY HYPNOSIS Sites Membership, Subscription and Audio Streaming Rights You acknowledge that POSITIVELY HYPNOSIS reserves the right to modify, revise or altogether discontinue and remove the POSITIVELY HYPNOSIS Sites, or any features, functionality or services provided as part of or in connection with the POSITIVELY HYPNOSIS Sites, without prior notice. Any such modification, revision, or complete discontinuation WILL NOT RESULT IN A REFUND of your subscription costs either in whole or in part. THERE ARE ABSULOUTELY NO REFUNDS SECTION 4: COPYRIGHT POLICY AND CONTACT INFORMATION 4.1 LIMITED USE AFFORDED BY PURCHASE OR SUBSCRIPTION By purchasing any hypnosis sessions via the POSITIVELY HYPNOSIS SITE User shall be entitled to: a. download the hypnosis session as an MP3 file onto a single computer; and b. save a copy of the hypnosis session onto a CD, tape, mini-disc, MP3 player or onto the hard drive of your computer; Downloads and Membership to POSITIVELY HYPNOSIS Sites is for personal use only. User must not use any content of the POSITIVELY HYPNOSIS SITES or hypnosis downloads for any commercial purpose, share these sessions or share MEMBER ACCESS code with anyone. Except as expressly authorized by POSITIVELY HYPNOSIS, User may not copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute, communicate or make available to the public or create derivative works of any POSITIVELY HYPNOSIS Content, in whole or in part. 4.2 COPYRIGHT COMPLAINT POLICY POSITIVELY HYPNOSIS is particularly concerned about copyright infringement. POSITIVELY HYPNOSIS expects the users of the POSITIVELY HYPNOSIS Sites to respect the copyrights and intellectual property of others. It is a violation of these Terms and Conditions for a User to post material in a manner that infringes the copyrights of POSITIVELY HYPNOSIS and other businesses. POSITIVELY HYPNOSIS may, under appropriate circumstances and in accordance with the Terms and Conditions, terminate the accounts of users who post material that POSITIVELY HYPNOSIS has reason to believe infringes on the copyrights of others. If you believe that your copyrighted work has been infringed, you may provide a notification of claimed infringement containing the following information: a. The physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner; b. A description of the material you claim has been infringed; c. A description of the claimed infringing material, including information describing its location on the POSITIVELY HYPNOSIS Sites; d. Your name, address, telephone number, and email address; e. A statement by you that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, the copyright owner's agent, or the law; and f. A statement by you that the information you have provided is accurate and, under the penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the copyright owner. Please provide all of the information listed above, or POSITIVELY HYPNOSIS may not able to process your complaint. Send your notification of claimed infringement to at the following address: Email: support@myhypnoticdomain.com Please note that any information provided under this Complaint Policy, including the original notification and any responses to it, may be shared with others as deemed by POSITIVELY HYPNOSIS necessary or appropriate to process your notification 4.3 POSITIVELY HYPNOSIS CONTACT INFORMATION If you have any questions about the practices of these POSITIVELY HYPNOSIS Sites, or your dealings with this Site, you can contact POSITIVELY HYPNOSIS at the following email: Email: support@myhypnoticdomain.com SECTION 5 CHOICE OF LAW/JURISDICTION 5.1 Choice of Law The applicable law governing any legal cause of action arising between the User and POSITIVELY HYPNOSIS shall be the law of the jurisdiction of the State of California, USA. 5.2 Venue/Jurisdiction In the event a legal dispute or cause of action arising between POSITIVELY HYPNOSIS and User, User agrees to the sole and exclusive jurisdiction of the Courts of the State of California, USA. SECTION 6 CONFLICTS 6.1 Conflict of Provisions. Where any conflict or contradiction appears between the provisions of POSITIVELY HYPNOSIS's terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Websites shall prevail in respect of User's use of the relevant section or module of theWebsite. 6.2 Conflict of Law BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF JURISDICTION AND CHOICE OF LAW, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF POSITIVELY HYPNOSIS, AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. SECTION 7 FINAL AGREEMENT AND WAIVER 7.1 Final Agreement These terms constitute the entire agreement between POSITIVELY HYPNOSIS and User. 7.2 No Implied Waiver Any failure by POSITIVELY HYPNOSIS to exercise or enforce any provision of these terms shall not constitute a waiver of such provision. EFFECTIVE DATE: January 5, 2017