BrittanyHoopes.com and Brittany Hoopes LLC Terms & Conditions

Please read these Terms & Conditions carefully and in their entirety before using brittanyhoopes.com (hereinafter referred to as the “Site”). The Site and its content are owned by Brittany Hoopes LLC.

PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, subscription or product offered on or by us or the Site or via any other platform (SamCart, Kajabi, etc.).

IMPORTANT NOTES:

By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at brittany@brittanyhoopes.com.

You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 19 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Brittany Hoopes LLC and our website, brittanyhoopes.com or any other website in which we sell or provide products (such as SamCart, Kajabi, etc.).

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Brittany Hoopes, Brittany Hoopes LLC, and/or brittanyhoopes.com or any other website in which we sell or provide products (such as SamCart, Kajabi, etc.), and any and all written or downloadable material purchased, viewed, or otherwise offered by Brittany Hoopes LLC and/or on brittanyhoopes.com, including, but not limited to, blog posts, social media posts, recordings, podcasts, audios, graphics, newsletters, designs, documents, information, templates and materials.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, details for why you seek hypnotherapy & coaching, etc.

“Site, Courses, Services, and/or Products” means brittanyhoopes.com or any other website in which we sell or provide products (such as SamCart, Kajabi, etc.), Content (as defined herein), email list/newsletters, social media posts, blog posts, podcasts, courses, hypnotherapy & coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, audio & video recordings, and/or templates available on the Site.

“Site” means brittanyhoopes.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages, as well as any other website in which we sell or provide products (such as SamCart, Kajabi, etc.)

“You” or “Your” means the user, customer, or viewer of the Site.

2. Consent:

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, Privacy Policy, and Disclaimer.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.

3. Site Rules:

By using the Site and/or making any Purchase, you hereby agree & consent not to:

• Abuse or harass any person through or on the Site.

• Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.

• Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.

• Post or transmit any “spam” or unwanted, unsolicited content.

• Post copyrighted materials, photographs, or content which do not belong to you.

• Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

• Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

4. DISCLAIMER:

By using the Site, you understand that we are a Hypnotherapist & Manifestation Coach. We are not a doctor, nutritionist, therapist, psychic, accountant, nurse, counselor or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle with the appropriate professional before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational, motivational, and educational purposes only.

Nothing on this Website, in our products or services, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.

Company does not guarantee any specific results, manifestations, changes, gains, outcomes, financial, legal or medical, through the use of our Website, Program, Products, Services or Hypnotherapy & Coaching Programs. You acknowledge and agree that use of our Website, Program, Products, Services or Hypnotherapy & Coaching Programs is purely voluntary.

Please read our Disclaimer for more information.

5. Your Consent to These Terms & Conditions:

By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.

6. Changes To These Terms & Conditions:

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.

7. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.

8. Intellectual Property Ownership:

The Site and its Content are intellectual property solely owned by Brittany Hoopes LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

9. Our Limited License to You:

If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

10. Your License to Us:

By commenting on the Site, or submitting documents to Brittany Hoopes LLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

11. Purchase & Access Terms:

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

12. Sharing the Site & Its Content:

You must request and receive written permission by email brittany@brittanyhoopes.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Brittany Hoopes or Brittany Hoopes LLC.

13A. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results or manifestations. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results or manifestation as another client of ours.

Please read our Disclaimer for more information.

13B. No Claims Made Regarding Timelines

Some of the digital courses & 1:1 programs that Brittany Hoopes offers are intentionally designed to be completed within 30 days, 6 sessions, etc. The timeframe is intended to suggest the duration of the course or program, and may not necessary denote the timeframe in which you see results or achieve your manifestation. There are no guarantees concerning the level of success or improvement (mental, emotional, physical, spiritual or otherwise) you may experience with these programs. There is no guarantee that you will make any changes at all and you accept the risk that results & manifestations differ by the individual. The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure that is directly or indirectly related to the purchase of your course or 1:1 Hypnotherapy & Coaching program. Your results may vary and will be based on your individual capacity, application, experience, knowledge, expertise, and level of desire.

Please read our Disclaimer for more information.

14. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:

We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.

Please read our Disclaimer for more information.

15. Your Release of Us:

By using the Site or Purchasing, Downloading, or using Brittany Hoopes LLC’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Brittany Hoopes LLC, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

16. Errors & Omissions:

Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Brittany Hoopes LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

17. Our Cancellation & No-Show Policy for 1:1 Hypnotherapy & Coaching:

Full payment for all sessions is due at the time of booking. Should a conflict arise for one of your scheduled sessions, you are able to reschedule your session, as long as you do so with a minimum of 24 hours’ notice. You will be marked as a "no-show" for any appointment that begins more than 15 minutes late. At that point in time, the appointment will be considered canceled, as we will not have enough time to complete the session within the allotted timeframe.

18A. Our Refund Policy for 1:1 Hypnotherapy & Coaching:

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for hypnotherapy & coaching services already rendered or sessions that are canceled with less than 24 hours’ notice from the start of the session time. Once a session has been booked, this time has been specifically reserved for your transformation and withheld from any other clients to book or use.

Refunds may only be provided for individual (single) sessions that have been booked & paid for that have been canceled with at least 24 hours’ notice prior to the scheduled session time & date. You may either reschedule the session for a later date/time or request a refund by emailing brittany@brittanyhoopes.com. “No show” appointments will not be refunded, as these are considered cancellations with less than 24 hours’ notice.

If Brittany needs to reschedule a single session for any reason, she will let you know and you will have the option to either reschedule for a different available date & time, or you will be offered the option of a refund for that single session. This only applies to single sessions, not 6 session programs.

Refunds will not be issued for unused sessions purchased within a program (a package of 6 sessions), since you received a discounted rate for purchasing these sessions all at once. Should you need to reschedule one of these sessions, you may do so with at least 24 hours’ notice, otherwise the session will be considered a “no show” and deducted from your total count. Should the issue in which you are seeking Hypnotherapy and/or Life Coaching be resolved with fewer than your purchased sessions, you are more than welcome to work on a different topic for the remainder of your sessions, save your sessions for up to 1 calendar year and use them as "touch-up" sessions as needed, or gift your unused sessions to a friend or family member.

All sessions are conducted virtually via Zoom, and internet, software or hardware technology issues unfortunately may occur. If the technological issue stems from an issue due to Brittany's internet connection, software or hardware, Brittany will be in touch as soon as she is aware of the issue and the session will either be rescheduled or refunded. However, if the session stems from your faulty internet and/or Zoom connection, software or hardware, the session will be considered non-refundable. Therefore, please do your best to test your internet connection, Zoom connection, and any speakers/headphones/audio devices prior to your session to ensure they are in working order. If your local area is calling for inclement weather and your internet is known to be spotty during these times, we recommend you reschedule your session with at least 24 hours’ notice.

Once a valid refund request for a single session has been submitted, the refund process could take 30 days or longer, depending on the individual circumstance of the issue. All refunds will be returned to the original credit card or payment method via Stripe.

Refunds will not be given to any one customer more than twice.

If you have any questions or concerns, or if there is anything we can do to make your experience a pleasant one, please email Brittany at brittany@brittanyhoopes.com

18B. Our Refund Policy for Virtual & Digital Products (Courses, Hypnosis Audios & Masterclasses/Events, etc.):

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the digital nature of these products, you acknowledge that we do not offer refunds for any portion of your payment for any of our digital products, courses, programs, classes, live events, audios, or masterminds.

Refunds will not be issued for digital products already purchased, including virtual events (many of our events include resources made available to you prior to the event, which is why refunds are not offered, even if the event has yet to take place.) All virtual events will include a replay, which ensures that you do not need to be present at the virtual event to receive the benefit of the class.

All products are virtual, and internet, software or hardware technology issues unfortunately may occur. If the technological issue stems from an issue due to Brittany's internet connection, software or hardware, Brittany will be in touch as soon as she is aware of the issue and the course/event/etc. will either be rescheduled or refunded. However, if the session stems from your faulty internet connection, software or hardware malfunction, the product will be considered non-refundable. Therefore, please do your best to test your internet connection, Zoom connection, and any speakers/headphones/audio devices prior to accessing or utilizing your product to ensure they are in working order. Please do know that for live virtual events, a replay of the event will be made available for you to access after the event.

If you have any questions or concerns, or if there is anything we can do to make your experience more enjoyable, please email Brittany at brittany@brittanyhoopes.com

18C. Retroactive Discounts

We are unable to apply discounts retroactively to any processed order.

Please be advised that any sales finalized with the benefit of promotional discounts are deemed final. Such sales are not eligible for either full or partial refunds under any circumstances, even in cases where customers have made previous purchases without promotional discounts. This steadfast policy allows us to extend significant discounts to our valued customers while concurrently upholding the value and integrity of our offerings.

To stay informed on discounts and promotions, sign up for our email list or check our Instagram.

19. Definition of Lifetime Access

"Lifetime Access" refers to unlimited access to the course or program content for the entire duration of the course or program's operational lifetime.

20. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Site or Brittany Hoopes’ Courses, Services, and/or Products, please contact us directly first by emailing Brittany at brittany@brittanyhoopes.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Brittany Hoopes LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Austin, Texas.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Texas. The only award that can be issued to you is a refund of any payment made to Brittany Hoopes LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

21. Consent to Governing Law:

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Texas.

22. Consent to Jurisdiction:

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Texas or a state court located within the State of Texas in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, New Client Agreement, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

23. Consent to Service:

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Texas for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Texas.

24. Payment & Purchases:

When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by credit card. By doing so, you give Brittany Hoopes LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

25. Limitation of Liability:

Brittany Hoopes LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, Subscription, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

26. Defense & Indemnification

You shall, at all times, indemnify, defend, and hold harmless Brittany Hoopes LLC, Brittany Hoopes, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Brittany Hoopes LLC and Brittany Hoopes (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

27. Termination of Your Use

At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, Subscriptions, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, New Client Agreement, or any other terms to which you have agreed to.

28. Entire Agreement

These Terms & Conditions, our Privacy Policy, Disclaimer, & New Client Agreement (for 1:1 Hypnotherapy & Coaching clients) constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

29. Severability

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no affect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

30. Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle your personal information.

31. Contact

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

• Website: brittanyhoopes.com

• Email: brittany@brittanyhoopes.com

• Business Address: 166 Hargraves Dr, Ste# C-400, #640 Austin, Texas, United States, 78737

Updated on: 10/11/2024