Agreement between user and TranceformTechnique.com

Thank you for visiting the Tranceform® website located at www.tranceformtechnique.com (the “Site”). The Site is an Internet property of Joy of Living Media, Inc. (Tranceform®/JOL Labs/Joy of Living Media, Inc. “we” or “us”). This Tranceform® Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when you: (a) access or use the Site; (b) register to become a Member; and/or (c) use the Tranceform® Offerings including, without limitation, the Services and/or Promotions. Capitalized terms not defined herein shall have the meaning set forth in the Tranceform® Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE AND/OR TRANCEFORM OFFERINGS.

Tranceform Technique

The Tranceform Technique is offered through the website www.TranceformTechnique.com which can be accessed digitally by computer or any mobile application. The product Tranceform® provides an inspirational audio platform to support a technique that integrates technology, brain science, and behavior management, to deliver better sleep and improved wellbeing.  Audio and Intuitive Imprints® provide targeted, powerful messages to the subconscious mind to support better sleep and positive life change. Tranceform Technique is accessed through a digital subscription based/membership program.

Content Disclaimer

The Content appearing on the Site is provided for informational purposes only on how to improve sleep and well-being. Some content appearing on the Site is provided by third-parties. Tranceform®/JOL Labs/Joy of Living Media, Inc. shall not be responsible or liable for the accuracy, usefulness or availability of any Content made available by and through the Site and/or Services. Tranceform® is not a medical or health services organization or forum. The Content presented by and through the Site and/or Services is in no way intended as medical and/or psychiatric advice, is not provided for the purpose of treating medical and/or psychiatric problems, nor is it a substitute for medical and/or psychiatric treatment. Use of the Site and/or Services does not establish a medical relationship. All Content and Member Content that is made available by and through the Site and/or Services should be discussed and confirmed with your physician, psychiatrist or other healthcare provider before adopting any wellness program or other treatment, whether offered on the Site, through the Services or otherwise. Use of the Site, Services, Content and Member Content featured therein, is at your own risk. Information and statements regarding some of the products and/or services featured by and through the Site and/or Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. Tranceform® services are not eligible for any medical reimbursement.

Tranceform® is not a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), nor is the information provided by you to Tranceform® considered protected health information under HIPAA. Therefore, Tranceform® does not need to comply with the HIPAA privacy or security rules.

Privacy

Your use of TranceformTechnique.com is subject to Tranceform’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting TranceformTechnique.com or sending emails to “Tranceform Technique/Tranceform®/JOL Labs/Joy of Living Media, Inc.,” constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Account Confidentiality

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Tranceform®/JOL Labs/Joy of Living Media, Inc., is not responsible for third party access to your account that results from theft or misappropriation of your account. Tranceform®/JOL Labs/Joy of Living Media, Inc., and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Tranceform®/JOL Labs/Joy of Living Media, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use TranceformTechnique.com only with permission of a parent or guardian.

Tranceform® Access and Membership

Access to some sections of the Tranceform® website is free, but we charge for some of our products and services on a subscription fee basis. This Payment Policy applies to users who have purchased a Tranceform® subscription plan to access Tranceform® either online or through a mobile application.

Overview of Subscription Plans and Payments

We offer several types of individual plans and gift plans. The pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase. Most of our subscription plans renew automatically, as described in more detail below. If you have questions regarding your plan after you sign up, please refer to the membership page and the confirmation email that will be sent to you after your purchase.

We may from time to time, at our discretion, offer a limited trial period for the subscription plans, and if you sign up under that offer, you will not be billed for the full term until the end of the trial period. After the end of any trial period, our mobile and online subscription plans are billed in one up-front payment for the entire term of the plan you choose. Thus, if you purchase a monthly plan, you will be charged for the full month’s payment at the beginning of each month; and if you purchase a yearly plan, you will be charged for the entire year at the beginning of the next monthly billing cycle. You may upgrade or downgrade the term of your membership at any time. The new payment term will be implemented at the beginning of the new billing cycle for your current subscription level. You will also be able to cancel the yearly within 30 days after the fee has been charged to your account, in accordance with our cancellation terms. We may use a third-party payment processor to facilitate your payments.

Lifetime Subscription Plans

Tranceform® offers a Lifetime subscription plan. A Tranceform® Lifetime subscription plan allows you to access the Tranceform® services available at the time of your purchase for as long as those services are available. You may not assign a Lifetime subscription plan to any other person. Tranceform® makes no warranties or representations that any of its services will continue to be available for any period of time, and in purchasing a Lifetime plan, you acknowledge and agree that the Tranceform® services could change or terminate at any time in the future.

Cancellation/Refund Policy

Tranceform® offers a 30-Day, 100% money-back guarantee for subscriptions made online at TranceformTechnique.com for the quarterly, yearly, and lifetime plans. The monthly plan is excluded from this offer. You may receive a refund by contacting our Customer Service team within 30 days of your purchase. Requests made after 30 days will not be eligible. We do not prorate refunds or offer partial refunds except in an instance where we have terminated your membership for any reason other than your breach of our terms.

Purchases of subscriptions made through the Apple iTunes Store or our iPhone or iPad applications are final, and are not eligible for a refund. These purchases are subject to Apple’s terms and payment policy, and Apple’s policy may exclude refunds as well.

Purchases of subscriptions made through the Google Play Store or our Android applications are final, and are not eligible for a refund. These purchases are subject to Google Play’s terms and payment policy, and Google Play’s policy may exclude refunds as well.

Renewals

All Tranceform® subscriptions made online at TranceformTechnique.com, except gift purchases, renew automatically using the payment details on file for your account. If you purchase a subscription with the automatic renewal feature, you agree that we are authorized to use the payment information on file to charge the renewal fee.

The date of automatic renewal of your subscription is shown on your Membership page and in the payment confirmation email sent after your initial purchase. You may cancel the automatic renewal feature at any time before the renewal date by following the instructions on your Membership page or by contacting our Customer Service team. Additionally, for monthly, quarterly and annual subscriptions, we will refund renewal payments in full if you contact our Customer Service team within 7 days after the renewal payment is made. We do not offer refunds for renewal payments for monthly subscriptions after the monthly subscription fee has been charged to your account.

If you signed up for our services using a promotion discount, fees for your renewal may be higher than your initial rate. Please refer to your Membership page or the confirmation email sent after your initial purchase for details regarding the renewal amount and the date of the next renewal.

Price Increases

Our prices may change in the future. We will notify you at the time of any price change, and provide you an opportunity to change or cancel your subscription before applying those changes to your account or changing your payment details in connection with an automatic renewal.

Payment Information

By providing payment information to us, you represent that the payment information is accurate, current and in your own name or in the name of an individual who has authorized you to use his or her payment information for your subscription purchase.  If you provide someone else’s payment information, you agree that we may make a refund to that person if he or she so requests and if the account is eligible for a refund under our Payment Policy. This may cause interruption to or termination of your Tranceform® Services.

Description of the Content

Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology and register as Members shall have access to all audio tracks and content (collectively, “Activities”), as well as the media, text, images, graphics, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork, news articles and other content made available by and through the Site and/or Services (collectively, and together with the Activities, the “Content”). The Content is compiled, distributed and displayed by Tranceform® and other third-party content providers (“Third-Party Providers”). Tranceform® does not control the Content provided by Third-Party Providers that is made available by and through the Services and/or Site. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Tranceform® does not represent or warrant that the Content and other information posted by and through the Services and/or Site is accurate, complete, up to date or appropriate. You understand and agree that Tranceform® will not be responsible for, and Tranceform® undertakes no responsibility to monitor or otherwise police, such Content. You agree that Tranceform® shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Third-Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Tranceform® Offerings.

Links to Third party sites/Third party services

TranceformTechnique.com may contain links to other subsidiary websites of Tranceform®/JOL Labs/Joy of Living Media, Inc., including by not limited to BestMe.life, and JoyofLiving.me (“Subsidiary Sites”). The Subsidiary Sites are under the control of Tranceform®/JOL Labs/Joy of Living Media, Inc., and is responsible for the content of the Subsidiary Sites.

Certain services made available via TranceformTechnique.com are delivered by Third-party sites and organizations. By using any product, service or functionality originating from the TranceformTechnique.com domain, you hereby acknowledge and consent that Tranceform®/JOL Labs/Joy of Living Media, Inc. may share such information and data with any third party with whom Tranceform®/JOL Labs/Joy of Living Media, Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of TranceformTechnique.com users and customers.

Tranceform®/JOL Labs/Joy of Living Media, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tranceform®/JOL Labs/Joy of Living Media, Inc. of the site or any association with its operators.

If you would like to register a complaint, notify Tranceform® of a dispute, notify Tranceform® of any improper use of Third-party Content or other information or notify Tranceform® of inaccurate or misleading Content appearing on the Site or otherwise made available by and through the Services, please feel free to contact us at [email protected]

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use TranceformTechnique.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Tranceform®/JOL Labs/Joy of Living Media, Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. 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.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tranceform®/JOL Labs/Joy of Living Media, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tranceform®/JOL Labs/Joy of Living Media, Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tranceform®/JOL Labs/Joy of Living Media, Inc., and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tranceform®/JOL Labs/Joy of Living Media, Inc., or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Tranceform®/JOL Labs/Joy of Living Media, Inc. has no obligation to monitor the Communication Services. However, Tranceform®/JOL Labs/Joy of Living Media, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Tranceform®/JOL Labs/Joy of Living Media, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Tranceform®/JOL Labs/Joy of Living Media, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tranceform™®/JOL Labs/Joy of Living Media, Inc.’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Tranceform®/JOL Labs/Joy of Living Media, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Tranceform®/JOL Labs/Joy of Living Media, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Tranceform®/JOL Labs/Joy of Living Media, Inc. spokespersons, and their views do not necessarily reflect those of Tranceform®/JOL Labs/Joy of Living Media, Inc.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to TranceformTechnique.com or posted on any Tranceform®/JOL Labs/Joy of Living Media, Inc. web page

TranceformTechnique.com/Tranceform®/JOL Labs/Joy of Living Media, Inc. does not claim ownership of the materials you provide to TranceformTechnique.com (including feedback and suggestions) or post, upload, input or submit to any Tranceform®/JOL Labs/Joy of Living Media, Inc. Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tranceform®/JOL Labs/Joy of Living Media, Inc., our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Tranceform®/JOL Labs/Joy of Living Media, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tranceform®/JOL Labs/Joy of Living Media, Inc.’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Social Media Accounts

You will be able to connect your TranceformTechnique.com account to Social Media accounts. By connecting your TranceformTechnique.com account to your social media account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those social media sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Tranceform®/JOL Labs/Joy of Living Media, Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tranceform®/JOL Labs/Joy of Living Media, Inc. Content accessed through TranceformTechnique.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Proprietary Rights

All third-party Member Content and other material posted or made available by and through the Tranceform® Offerings including, but not limited to, the design, selection, arrangement and coordination of such Tranceform® Offerings, is owned by, or licensed to, Tranceform®/ Joy of Living Media, Inc. and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Tranceform® Offerings and/or third-party Member Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Tranceform’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the Tranceform® Offerings, third-party Member Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the Tranceform® Offerings by Tranceform®, any Member or any Third-Party Provider does not constitute a waiver of any right in or to such information and materials. Tranceform® reserves all rights not expressly granted in the Agreement. The “Tranceform®” name and logo are trademarks of Tranceform®/Joy of Living Media, Inc. All custom graphics, icons and service names are trademarks and/or copyrights of Tranceform®/Joy of Living Media, Inc. All other trademarks are the property of their respective owners. The use of any Tranceform®/Joy of Living Media, Inc. trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without Tranceform®/Joy of Living Media, Inc. express written consent is strictly prohibited.

Disclaimer of Warranties

THE TRANCEFORM® OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER TRANCEFORM® PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO TH E FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON – INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TRANCEFORM®/ JOY OF LIVING MEDIA, INC. MAKES NO WARRANTY THAT THE TRANCEFORM® OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER TRANCEFORM® PRODUCTS AND/OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR – FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE PROGRAMS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE TRANCEFORM® OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER TRANCEFORM® PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TRANCEFORM® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRANCEFORM®, ANY MEMBERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE TRANCEFORM® OFFERINGS AND/OR MEMBER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRANCEFORM®, A SUBSIDIARY OF JOY OF LIVING MEDIA, INC., AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TRANCEFORM®, A SUBSIDIARY OF JOY OF LIVING MEDIA, INC., AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRANCEFORM®, A SUBSIDIARY OF JOY OF LIVING MEDIA, INC., AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANCEFORM®, A SUBSIDIARY OF JOY OF LIVING MEDIA, INC., AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRANCEFORM®, A SUBSIDIARY OF JOY OF LIVING MEDIA, INC., OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Copyright Policy/DMCA Compliance

If you believe that a copyrighted work has been copied and/or posted on or via the Site and/or Services in a way that constitutes copyright infringement, you should provide Tranceform® with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Tranceform’s Copyright Agent for notice of claims of copyright infringement is as follows:

Copyright: Joy of Living Media, Inc.

Tranceform®

3940-7 Broad Street, #235

San Luis Obispo, CA 93401

Termination/access restriction

Tranceform®/JOL Labs/Joy of Living Media, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tranceform®/JOL Labs/Joy of Living Media, Inc. as a result of this agreement or use of the Site. Tranceform®/JOL Labs/Joy of Living Media, Inc. performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tranceform®/JOL Labs/Joy of Living Media, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tranceform®/JOL Labs/Joy of Living Media, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tranceform®/JOL Labs/Joy of Living Media, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tranceform®/JOL Labs/Joy of Living Media, Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Indemnification

You agree to indemnify, defend and hold harmless Tranceform®/JOL Labs/Joy of Living Media, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tranceform®/JOL Labs/Joy of Living Media, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tranceform®/JOL Labs/Joy of Living Media, Inc. in asserting any available defenses.

Changes to Terms

Tranceform®/JOL Labs/Joy of Living Media, Inc. reserves the right, in its sole discretion, to change the Terms under which TranceformTechnique.com is offered. The most current version of the Terms will supersede all previous versions. Tranceform®/JOL Labs/Joy of Living Media, Inc. encourages you to periodically review the Terms to stay informed of our updates.

Miscellaneous

Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. Tranceform® may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.

Contact Us

Tranceform®/JOL Labs/Joy of Living Media, Inc. welcomes your questions or comments regarding the Terms:

Joy of Living Media, Inc.

Tranceform®

3940-7 Broad Street, #235

San Luis Obispo, CA 93401

Email Address:

[email protected]

Telephone number:

844-291-3224

Effective as of July 28, 2017