Terms of Use General
James D. Dayley is a hypnotherapist whose decades-long career has been dedicated to enabling people to achieve endless, exciting possibilities. This website is designed and intended to provide access to James D Dayley’s powerful line of hypnosis products. Access to and use of this website and the information offered herein are governed by these Terms of Use (the “Agreement”). By accessing or using any pages of this website at the URL
www.jamesddayley.com (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 UER LICENSE AGREEMENT.
James D. Dayley’s Proprietary Rights
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 James D. Dayley. James D. Dayley 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 James D Dayley is obtained first.
Error Correction
Though James D. Dayley uses reasonable efforts to ensure otherwise, this Website may contain typographical errors or other inaccuracies and may not be complete or current. James D. Dayley, 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
James D. Dayley 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. JAMES D. DAYLEY 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.
JAMES D. DAYLEY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THIS 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 JAMES D DAYLEY 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 JAMES D DAYLEY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL JAMES D. DAYLEY’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 Utah. You also agree that any legal or equitable claim arising from your purchase must be brought in the city, state, or federal courts located in Weber County, Utah, and you consent to the exclusive jurisdiction and venue of such courts. James D Dayley’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.
Notice
You may direct any questions concerning this Agreement or notices required by this Agreement to:
James D. Dayley
1425 Washakie Cir
Ogden, UT 84403
E-mail: James@JamesDDayley.com
Whole Agreement and Amendment
This Agreement constitutes the entire agreement between you and James D. Dayley 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. James D. Dayley 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 may not be otherwise amended except in a written document signed by you and James D. Dayley.
This agreement was last revised on March 1, 2016.
