LIFESTYLE INTELLIGENCE (LQ)

TERMS OF USE

These Terms of Use (these “Terms” or “Agreement”) contain the terms and conditions on which we supply content, products or services (“Content”) through our mobile device application, Lifestyle Intelligence (LQ) (“Application”). Please read these Terms carefully before downloading the Application from our website located at www.discoverlq.com (“Website”) or any third-party application stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “Company” “us” or “we” refers to Psycho-Technology, Inc., a New York corporation. The term “Device” refers to the device which is used to access the Application including but not limited to computers, smart phones and tablets. The term “you” or “User” refers to the user of the Application. When you download or otherwise use or access the Application, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your download and/or purchase of a subscription (“Subscription”) to the Application. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Application, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Application.

The Application is provided to you subject to this Agreement as well as our Privacy Policy (“Privacy Policy”) which is available at www.discoverlq.com/privacy and is incorporated in this Agreement by this reference. You agree that installation or use of the Application signifies that you have read, understood, and agree to be bound by this Agreement.  The Application is provided to you under this Agreement solely for your private, non-commercial use.

BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY DOWNLOADING OR USING THE APPLICATION YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE OFFERED BY MAMA (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR APPLICATION).

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION AGREEMENT, YOU AND THE COMPANY AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE APPLICATION WILL BE RESOLVED BY MANDATORY, BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

ABOUT LIFESTYLE INTELLIGENCE (LQ)®  

LQ™ and the Content for the Application, was created by Dr. Lloyd Glauberman, Ph.D. Dr. Glauberman is a Manhattan-based psychologist-psychotherapist and expert in business-related stress management and behavior change, who has helped patients, both adolescents and adults achieve a wide variety of personal and professional goals. In 1990, he dramatically expanded his patient-base as he launched the Hypno-Peripheral Processing (“HPP”) audio programs, a series of audio-recordings that combine aspects of Ericksonian hypnosis and Neuro-Linguistic Programming (“NLP”) to assist people on their journey to attain greater personal fulfillment.

Recognizing that emotional intelligence (“EQ”), more than IQ, is responsible for an individual’s success in life, he designed the HPP audio programs to help people channel emotion into successful behavior. The programs lead users into the theta state of consciousness, the “twilight state” between waking and sleeping, where their ability to generate positive emotional shifts quickly is greatly enhanced. Most significantly, the programs are also entertaining and easy-to-use and can help people achieve their goals without having to spend the time and financial resources required by traditional therapy.

Each HPP program weaves a series of parable-like stories that gently overload the listener’s conscious mind. Known as dual induction, this technique shuts down the logical part of the mind and allows for a deep state of relaxation ideal for the absorption of positive suggestions by the listener’s subconscious mind. Users report positive results after a few sessions. Changes begin to spontaneously appear- changes that occur naturally at the right times, in the right places, and with the right people.

GENERAL INFORMATION

These Terms set out the whole agreement between you and us for the supply of the Application and the Content.  In order to participate in or access certain Content, you may be required to agree to additional terms and conditions, including but not limited to a Subscription, as further defined herein (collectively, the “Additional Terms”). Any Additional Terms contained in the Application or on our Website are hereby expressly incorporated into these Terms. Where such terms are inconsistent with these Terms, the Additional Terms shall control.

Please check that the details in these Terms, your Subscription and any Additional Terms are complete and accurate before you use or commit yourself to purchase the Application, any feature thereof or a Subscription. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of the Company.

AS PART OF YOUR USE OF THE APPLICATION, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE APPLICATION. BY USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.

CHANGES TO THESE TERMS

Company reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to the Application or the Website. Your continued use of the Application constitutes your agreement to abide by the Terms, as modified from time to time. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Application or by e-mail.

BECOMING A USER

In order to access Content on the Application, you must sign up as a registered user (a “User”) and agree to pay a monthly or annual fee (“Fee”), as further set forth below. To become a User, you must go to the relevant section of the Application, then submit your first name, last name and e-mail address to us, and create a password to be used in conjunction with that e-mail address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one User account.

In the course of your use of the Application, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

By registering as a User, you warrant that:

• You are legally capable of entering into binding contracts;
• All registration information you submit is truthful and accurate;
• You will maintain the accuracy of such information; and
• Your use of the Application does not violate any applicable law or regulation.

USER RESPONSIBILITIES

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.

USE OF THE APPLICATION BY MINORS

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a User and utilize the Application. Individuals under the age of 18, or the applicable age of majority, may utilize the Application only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.

REGISTRATION

We may ask our Users for personal information when you register for an account on the Application (each a “User Account”).  User Accounts are intended for personal use only and you further acknowledge and agree that we are relying on the accuracy of your information to provide certain Services. 

As further set forth below and as detailed in our Privacy Policy, in order to register, create a User Account, we may require that you submit certain Personally Identifiable Information (as defined in the Privacy Policy), including but not limited to your name, e-mail address, and text-enabled cellular/wireless telephone number to us. You agree that the Personal Information you provide to us upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this information, as necessary.

The Application may allow Users to create a User Account by logging into the Service via third party social networking sites, like Facebook. By doing so, you are confirming that you are the owner of any of these third-party social media accounts and that you are entitled to disclose your social media login information to us. You are giving us permission to collect your authentication information and other information that may be available on or through your social media account.

In the event that you misrepresent information about yourself, your User Account is subject to suspension or cancellation without notice to you. 

You must ensure that all personal information submitted with regard to your User Account is accurate and current at all times. You may not include in your online identity or User Account anything that could potentially infringe on any third-party’s rights, is intended to confuse, or which is offensive, defamatory or otherwise inappropriate, as determined by us, in our sole and absolute discretion. We further reserve the right to change or delete information in a User Account if we deem it is offensive, in our sole and absolute discretion. Users agree that they are each responsible for everything which is done on or through our platform through or in connection with their User Account, including but not limited to any activities while using the Application. Users must ensure that your e-mail address on file is kept current and that you have full access to it. By using the Service you expressly consent to electronic communications. Please see our Privacy Policy, which you agree to be bound by when you use our application, for more information.

As a User, you will receive access to certain sections, features and functions of the Application that are not available to non-Users. By agreeing to become a User you may receive occasional special offers, marketing, and survey communication e-mails with respect to the Application. You can easily unsubscribe from Company commercial e-mails by following the opt-out instruction in these e-mails.

User Accounts and Subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.

SUBSCRIPTIONS

As a User, in order to access Content on the Application, you must agree to the fee-based Subscription. You will only have access to Content while your Subscription is active and subsisting. You may have access to a free trial period of the Subscription in accordance with certain promotional offers, in effect from time to time. You may access the Content in the following ways: by purchasing a Subscription to the Application from the Website, within the Application, or where allowed by our marketplace partners. Please note that if you purchase a Subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

Users can sign up for Subscription via a monthly or annual Fee option. For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

Our “Monthly” Subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Company is authorized to charge the same credit card as was used for the initial Fee or other payment method as set forth above (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your Subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month Subscription period.

Our “Yearly” Subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Company is authorized to charge the Payment Method used for (i) the initial annual Fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal Fee(s). You must cancel your Subscription before it renews in order to avoid billing of the renewal Fee to the Payment Method you provided. Refunds cannot be claimed for any partial Subscription period.

You agree to promptly notify us of any changes to the Payment Method you provided while any Subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all Subscriptions purchased by you.

In the course of your use of the Application, Company and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Company and Company’s third-party payment service provider(s) at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

Our obligation to provide the Content only comes into being when we take receipt of your Subscription, and we confirm your purchase to you by e-mail. We shall confirm your Subscription and send you an e-mail to confirm your access to the Subscription purchased. Please quote the Subscription number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Content purchased through Company for commercial purposes.

HOW WE DELIVER OUR CONTENT

Once registered as a User with an active Subscription, you can utilize the Content in two different ways:

Push Notifications. You have the option to select up to three (3) days per week to receive a push notification on your Device containing a motivational message as well as a three (3) minute audio recording to listen to. These push notifications can be created or modified either at the time you register your User Account, or by accessing the settings in your User account. You can also turn off this feature through your User Account. By accepting this feature of the Content, you agree and consent to receiving push notifications on your Device on each of the days you select.  

Content Database. The Application contains an extensive database of Content, including HPP audio recordings created by Company. This Content can be accessed at any time by Users through the relevant section of the Application, so long as they have an active and valid Subscription.

DEVICE REQUIREMENTS

To utilize the Application via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon Application marketplaces.

FEE CHANGES

We reserve the right to change our Subscription plans or adjust Fee pricing for Content on the Application or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Subscription plan will take effect following notice to you.

CANCELLATION OF SERVICES

You may cancel a Monthly Subscription at any time. Cancellation is effective at the end of the applicable monthly period. You may cancel your Subscription within the settings of your User Account or by e-mailing us at lloyd@discoverlq.com.

You may cancel a Yearly Subscription plan at any time. Cancellation is effective at the end of the applicable annual period. Additionally, our Yearly Subscription plan is offered with a 30-day money back guarantee, which entitles you to a full refund upon cancellation. In order to request a refund, you may e-mail us at lloyd@discoverlq.com to request a refund. Such refund requests must be made within the first 30 calendar days from your first date of payment. You are entitled to one (1) refund only. After your refund, any future Subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly Subscription or Subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.

Please note that if you purchase a Subscription through the Apple iTunes Store or our iPhone application, you may cancel your Subscription by cancelling automatic renewal of paid In-App Subscriptions by selecting “Manage Application Subscriptions” in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under subscriptions in the Google Play App, or according to the current process outlined by Google Play.

We may suspend or terminate your use of the Application as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes without limitation, the unauthorized copying, reproduction or download of our audio or video Content from the Application.

PROMOTION AND DISCOUNT CODES

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new Users of the Application, except where expressly stated otherwise. Previous Users or trial Users of the Subscription do not qualify as new Users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the Subscription, and any renewals will be charged at the non-discounted rate for the type of Subscription purchased.

PROHIBITED USE OF THE APPLICATION

You agree not to upload, post, e-mail or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Application or the Application itself. You agree not to interfere with the servers or networks underlying or connected to the Application or to violate any of the procedures, policies or regulations of networks connected to the Application. You may not access the Application in an unauthorized manner.

You agree not to impersonate any other person while using the Application, conduct yourself in an offensive manner while using the Application, or use the Application for any illegal, immoral or harmful purpose.

By breaching the provisions of this Section, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities, and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Application will cease immediately.

You agree not to use the Application for any purposes related to scientific research, analysis or evaluation of the Application without the express written consent of Company.

COPYRIGHT PROTECTION

All materials (including software and content whether downloaded or not) contained in the Application are owned by us (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

You acknowledge and agree that certain materials on or in the Application are the property of third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of these Terms against you.

Audio or video Content from the Application not explicitly indicated as downloadable may not be downloaded or copied from the Application or any Device.

The Application is not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Application for commercial purposes without obtaining a written license to do so from us. Material from the Application, including Content, may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Application and Content and may subject you to legal liability. You agree not to use the Application or Content for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Application and Content. Appropriate legal action may be taken for any illegal or unauthorized use of the Application and Content.

A limited amount of Content may be specifically marked and authorized for a User to share in their personal social channels (Facebook, Twitter, etc.). With respect to Content made available by Company through the Application that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Company grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such Content in the Application, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.

You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Application. If you make other use of the Application, Content, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Company will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

TRADEMARK PROTECTION

Lifestyle Intelligence, LQ, and all other Company product or service marks are trademarks of the Company. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Application are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on in the Application is strictly prohibited. Company will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

AVAILABILITY OF APPLICATION

Although we aim to offer you the best service possible, we make no promise that the Application will meet your requirements and we cannot guarantee that the Application will be fault free. If a fault occurs in the Application, please report it to via the Application or by e-mail to us at lloyd@discoverlq.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Application while we address the fault. We will not be liable to you if the Application is unavailable for a commercially reasonable period of time.

Your access to or use of the Application may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Content. We will restore the Application as soon as we reasonably can. In the event that the Application is unavailable, our usual Subscription and cancellation deadlines apply. Please notify us of changes by e-mailing lloyd@discoverlq.com.

USER MATERIAL

The Application may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Application. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the User Account information, Subscription purchase, or Application use information which you provide in registering for and using the Application.

These terms set out the rights and obligations that you and the Company have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.

We do not systematically review User Material submitted by you or other Users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.

We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Application, particularly where User Material breaches your agreements in these Terms, and we may do this with or without giving you any prior notice.

We may link User Material or parts of User Material to other material, including material submitted by other users or created by Company or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise the Application. You acknowledge that we may indirectly commercially benefit from use of your User Material.

Each time you submit User Material to us, you represent and warrant to us as follows:

• You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
• Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
• Your User Material does not advertise any product or service or solicit any business.
• Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
• You will not collect e-mail addresses of Users for the purpose of sending unsolicited e-mail or other correspondence.
• You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
• You will not engage in any automated use of the system, such as using scripts to alter our Content or Application.
• You will not, without authorization, access, tamper with, decompile, reverse engineer or use non-public areas of the Application, Company’s computer systems, or the technical delivery systems of Company’s providers.
• Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Application or any other Company system or network or breach any security or authentication measures.

User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Company an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Application, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Company may include your User Material in Company’s Distribution Content that is made available to others through the Application. Be aware that Company has no control over User Material once it leaves the Application, and it is possible that others may duplicate material found on the Application, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Company and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.

USER FEEDBACK

Any inquiries, feedback, suggestions, ideas, or other information which is not part of your use of the Application or User Material that you provide to us (collectively, “Submissions”), will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Application, you grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Company has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Company and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

LINKS TO THIRD-PARTY WEBSITES

We may provide links to other third-party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:

• the availability of,
• the privacy practices of,
• the content, advertising, products, goods or other materials or resources on or available from, or
• the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Application must not be framed on any other website, nor may you create a link to any part of the Application unless you have written permission to do so from Company. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Application other than that set out above, please address your request to lloyd@discoverlq.com.

CONTENT DISCLAIMER

The Content, and all information relating thereto, contained in the Application is for general information purposes only. While we endeavor to keep the Content up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Application or the information contained on the Application for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

MEDICAL DISCLAIMER

Company is a provider of downloadable audio programs that features content regarding self-improvement, creativity and inspiration, emotional well-being, health and fitness, love and relationships, money and success, stress-relief and relaxation. The Company is not a health care or medical device provider, nor should our Application or the Content be considered medical advice. Only your physician or other health care provider can provide medical advice. While there is third-party evidence from research that Hypno-Peripheral Processing (“HPP”), the scientific theory behind the Content, can  help people to achieve a relaxed state in order to change thoughts, feelings and behaviors, Company makes no claims, representations or guarantees that the Content or Application provide a physical or therapeutic benefit.

Any health information and links on the Application, whether provided by Company, or by contract from outside providers, is provided simply for your convenience. Any advice or other materials in the Application or Content are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Application.

There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive HPP practice. All Users, especially those with existing mental health conditions should consult with their health care providers before using the Application.

END USER LICENSE AGREEMENT

Subject to the terms of this license agreement (“License Agreement”), as set forth herein, and your payment of any applicable Fees, the Company grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Content.

The Application and its Content contains or embodies copyrighted material, proprietary material or other intellectual property of Company or its licensors. All right, title and ownership in the Application and Content remains with Company or its licensors, as applicable. The rights to download and use the Application and Content are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.

You agree that you will not and you will not assist or permit any third party to:

• Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Application in any way, or create derivative works thereof;
• Use the Application or any part to create any tool or software product that can be used to create software applications of any nature whatsoever;
• Rent, lease, loan, make available to the public, sell or distribute the Application or Content, in whole or in part;
• Tamper with the Application or circumvent any technology used by Company or its licensors to protect any Content accessible through the Application;
• Circumvent any territorial restrictions applied to the Application; or
• Use the Application or Content in a way that violates this License Agreement or the other Terms.

You may not make the Application or Content available to the public. The Application and Content made available (in whole or in part) are owned by Company or its licensors and your use of them must be in accordance with these Terms.

DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE

We are committed to complying with copyright and related laws, and we require all users of the Application to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Application in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

If you believe that your work has been copied and posted on the Application in a way that constitutes copyright infringement, please provide our designated agent with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• A description of the copyrighted work or other intellectual property that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the Application;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

• A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

• Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail: 30 West 86th Street, New York, NY 10024.

By E-Mail: admin@dsmiami.com Subject line: LQ DMCA Notice

ASSIGNMENT BY US.

Company may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

INDEMNITY BY YOU

You agree to defend, indemnify and hold Company and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of the Application or Content, (ii) your placement or transmission of any message, content, information, software, or other submissions through the Application, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Application or Content; or (iv) your breach or violation of the law or of these Terms. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.

WARRANTIES AND LIMITATIONS

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. We warrant to you that the Application will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.

We warrant that we will use reasonable skill and care in making the Content available to you during your Subscription.

Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Application. In no event shall Company be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Application or Content or other activities you undertake in connection with your use of the Application, unless caused by Company’s gross negligence, recklessness, or willful misconduct.

The Application and Content are otherwise provided on an “AS IS” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Application or its Content. We assume no liability or responsibility for any errors or omissions in the Content of the Application, or any failures, delays, or interruptions in the provision of the Application. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Application to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the Content and information posted on the Application. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Application. We make no warranties or representations that your use of Content and information posted on the Application will not infringe rights of third parties.

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Application, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

INTERPRETATION

In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

ELECTRONIC COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Application, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Application. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

In order to retain a copy, please take a “screenshot” using your Device. Please consult with instructions from your Device manufacturer on how to take a screenshot.

You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by e-mailing us at lloyd@discoverlq.com.

We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.

To receive and view an electronic copy of the communications you must have the following equipment and software:

• A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements; and
• an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.

To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.

You can also contact us via e-mail at lloyd@discoverlq.com to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use the Application.

We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.

NOTICES

Unless otherwise specifically indicated, all notices given by you to us must be given to Company at lloyd@discoverlq.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified herein, including but not limited to e-mail, text messages or push notifications. Notice will be deemed received and properly served immediately when posted on the Application or when an e-mail or other electronic communication is sent. In proving the service of any notice via e-mail, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

THIRD PARTY RIGHTS

A person who is not party to these Terms will not have any rights under or in connection with these Terms, with the exception of those rights listed under the “DMCA” section hereof.

LIMITATION OF COMPANY’S LIABILITY

We will use reasonable endeavors to remedy faults in the Application. If we fail to comply with these Terms, your sole and exclusive remedies and our entire obligation and liability to you will in no circumstances exceed the actual amount paid by you for the Application or Subscription in question. In addition, we will not be liable for:

• Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).

• Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Application, or from transmissions via e-mails or attachments received from us.

• Any use of websites linked in the Application but operated by third-parties.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUPPLIERS, CLIENTS OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE APPLICATION OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE APPLICATION, OR LOST BUSINESS OR LOST SALES, OR ANY ERRORS, VIRUSES OR BUGS CONTAINED IN THE APPLICATION, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON OR THROUGHOUT THE APPLICATION. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE APPLICATION EXCEED, IN THE AGGREGATE, THE ACTUAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE APPLICATION IN QUESTION.

Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Application. In no event shall Company be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Application or other activities you undertake in connection with your use of the Application.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

ARBITRATION AGREEMENT

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Application that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Company are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator.

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.

Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Company. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

Authority of Arbitrator. The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator shall also have the exclusive authority to determine the rights and liabilities, if any, of you and Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.

Jury Trial Waiver. Except where not permitted by law, you and Company waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Instead, you and Company elect to have claims and disputes resolved by arbitration. In any litigation between you and Company over whether to vacate or enforce an arbitration award, you and Company waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Company are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.

Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Company can force the other to arbitrate. To opt-out, you must notify Company in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the e-mail address you used to set up your User Account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to us by e-mail or Certified Mail or other nationally recognized overnight courier (UPS, FedEx, etc.) at the address set forth below. 

Small Claims Court. Notwithstanding the foregoing, either you or Company may bring an individual action in small claims court.

Public Injunction Exclusion. Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration.

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Company.

EXCLUSIVE VENUE

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Terms or the use of the Application will be litigated exclusively in the United States District Court for the Southern District of New York. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Application will be litigated exclusively in the Supreme Court of New York, New York County. You and Company consent to the personal jurisdiction of both courts.

CHOICE OF LAW

Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

CONTACT US

Psycho Technology, Inc. is located at 30 West 86^th Street, New York, NY 10024. You may contact us by U.S. Mail at the address listed above or by e-mail at lloyd@discoverlq.com

Last updated:  July 6, 2020