Our Privacy Policy

Below is our Privacy Policy. Before you read it, please know one thing. Your confidentiality is very important to us. Thus, we will never sell your information or utilize it in any way that would cause ill feelings. We will show you the same respect and regard as we do our own family.

This website is operated by Indy Hypnosis Center, (“Indy Hypnosis”, “we” or “us”) and is located at www.indyhypnosis.com (the “Site”). This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use, and disclosure of the personally identifiable information and non-personally identifiable information that you (“you” or the “User”) submit to us through the Site. This Privacy Policy applies solely to the Site and not to any other website or service.

We may change this Privacy Policy at any time by posting the revised Privacy Policy in the “Privacy Policy” section of the Site. The revised Privacy Policy is effective immediately when posted on the Site. You should review the Site and the Privacy Policy periodically to learn of any revisions to this Privacy Policy. Your continued use of the Site after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Privacy Policy.

INCOME AND EARNINGS DISCLAIMER

Products and services offered by Shurr Success, Inc., Tim Shurr, and Indy Hypnosis are to be used for educational and informational purposes only. There is no guarantee that you will earn any money using the techniques, systems and ideas presented in any material, including but not limited to the Shurr Success, Inc. Sales Mastery, I am A Money Magnet, I am A Sales Superstar, all corporate training’s and keynotes, business coaching, or Indy Hypnosis (hypnotherapy programs).

All business opportunities involve certain material risks. An investment of your time and money into the techniques outlined in our materials could result in the loss of your entire investment. You must rely on your own examination of the ideas and information in the materials, including the merits and risks involved. You must be able to bear the full economic risk of any business venture you participate in.

Any earnings or income statements, examples and testimonials, are used as exceptional results. They do not reflect a typical experience, do not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any business, your level of success in attaining similar results is dependent on a number of factors such as your individual capacity, knowledge, skill, ability, experience, expertise, business and social network, dedication, and work ethic. We cannot, and do not guarantee your success in attaining results, income levels, or an ability to earn revenue. You alone are responsible for your actions and results.

The contents of our materials and programs should not be taken as legal, tax, or investment advice. You should consult your own legal counsel, accountant, or business advisor as to legal, tax, and related matters.

No Warranties

THESE SHURR SUCCESS, INC. BUSINESS COACHING PROGRAM, ONLINE COACHING, AND AUDIO COACHING PROGRAMS, AND INDY HYPNOSIS PROGRAMS ARE PROVIDED “AS IS.” THERE ARE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SHURR SUCCESS, INC., TIM SHURR, AND INDY HYPNOSIS MAKE NO GUARANTY OR WARRANTY AS TO RESULTS TO BE ATTAINED BY USING THESE MATERIALS. IN NO EVENT SHALL SHURR SUCCESS, INC., TIM SHURR, OR INDY HYPNOSIS BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THE MATERIAL.

Irs Circular 230 Notice

In accordance with IRS requirements, this is to inform you that any information in any materials, including Shurr Success, Inc., Tim Shurr, and Indy Hypnosis coaching programs, that could be construed as U.S. tax advice is not written or intended to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in these materials.

TERMS OF USE

These Terms of Use were last revised on November 21, 2017. Shurr Success, Inc., an Indiana S Corporation company, provides the indyhypnosis.com sites and related sites and services subject to your compliance with the terms and conditions set forth below. Your use of indyhypnosis.com signifies your acknowledgment of and agreement with these Terms of Use.

These Terms of Use apply to all users of the website indyhypnosis.com, timshurr.com, shurrsuccess.com, and any other affiliated websites owned or controlled by Shurr Success, Inc. and Tim Shurr, including any and all services and online software available through these sites. The term “users” includes both registered members of indyhypnosis.com et al and any other person that accesses indyhypnosis.com et al at any point for any amount of time.

1. TERMS OF SALE. By placing an order for merchandise through indyhypnosis.com you agree to our terms of sale (“Terms of Sale”) set out in this Section.

1.1 Order and Acceptance. Each item in an order that you submit to us constitutes a separate offer to purchase that item. After you place your order through timshurr.com, you will receive a confirmation notice on the website and/or through a confirmation email. The onscreen confirmation notice and/or confirmation email that we send to you does not constitute acceptance of your order. Rather, Shurr Success, Inc. and Indy Hypnosis are not deemed to have accepted any item in your order until that item is shipped or made available for electronic delivery.

1.2 Rejection of Orders. We may reject your order for any reason. Reasons for rejecting an order include:

• item pricing error
• item unavailability
• rejection of payment
• insufficient shipping address
• suspected fraudulent activity
• orders connected with a previous credit card dispute

1.3 Sales Tax. Shurr Success, Inc. and Indy Hypnosis charge sales tax where required by law. If sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your shopping cart and on your invoice.

1.4 Shipping Charges. For physical goods, prices for items do not include charges for shipping and handling. Separate charges for shipping and handling will be itemized in your shopping cart and on your invoice.

1.3 Item Shipping Delay / Backorders. All items are subject to stock availability. Items which are temporarily out of stock may incur shipping delays. We will endeavor to ship your item as soon as possible. If we determine we are unable to ship your order in a reasonable time (typically 30 days) we may elect to cancel your order.

1.4 Price Changes. Shurr Success, Inc. and Indy Hypnosis may change the price of any item at any time.

1.5 Fraudulent Activities. Shurr Success, Inc. and Indy Hypnosis will prosecute to the fullest extent of the law any fraudulent activities related to any chargebacks or reversals of a valid charge for an order filled and delivered to you.

1.6 Returns / No Warranties. There are no product warranties of any kind unless specifically expressed on timshurr.com during time of purchase. Electronically delivered goods are not eligible to be returned or exchanged. For any other item besides electronically delivered goods, you may return the item(s) in its original condition and packaging within 30 days from the date of purchase. Once we have received and validated your item as qualifying for a return, we will allow you to exchange the item or provide you store credit, which you may use for a new purchase at indyhypnosis.com. If you return an item not in its original condition or otherwise fail to exercise reasonable care when returning an item, we reserve the right to either (i) reject your return and decline any credit or (ii) to deduct from any credit reasonable repair or other similar costs.

1.7 Resale of Merchandise Prohibited. To protect our intellectual property rights, Shurr Success, Inc. and Indy Hypnosis policies do not allow merchandise to be resold or reshipped. Any resale of our merchandise for personal or business profit is strictly prohibited. Furthermore, any orders shipping to ‘Freight Forwarding Companies’ will not be accepted.

2. WEBSITE ACCESS

2.1 Shurr Success, Inc. and Indy Hypnosis grants you a limited, revocable, nonexclusive license to access timshurr.com for your own personal use.

2.2 In order to access some features of indyhypnosis.com, you will have to create an account. You may only create one account and may never use another’s account. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to indyhypnosis.com, you are required to update that information immediately.

2.3 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Shurr Success, Inc. and Indy Hypnosis immediately of any breach of security or unauthorized use of your account. Although Shurr Success, Inc. and Indy Hypnosis will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Shurr Success, Inc. and Indy Hypnosis or others due to such unauthorized use.

2.4 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers” that accesses timshurr.com. You agree not to collect or harvest any personally identifiable information, including account names, from indyhypnosis.com, nor to use the communication systems provided by indyhypnosis.com for any commercial solicitation or illegal or improper purposes.

2.5 Notwithstanding the foregoing, Shurr Success, Inc. and Indy Hypnosis grants the operators of recognized international public search engines, such as Google and Bing permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Shurr Success, Inc. and Indy Hypnosis reserves the right to revoke these exceptions either generally or in specific cases.

2.6 Termination of Service: You agree that Shurr Success, Inc., and Indy Hypnosis in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of indyhypnosis.com (or any part thereof), immediately and without notice, and remove and discard any content within indyhypnosis.com, for any reason, including, without limitation, if Shurr Success, Inc. or Indy Hypnosis believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Shurr Success, Inc. and Indy Hypnosis shall not be liable to you or any third-party for any termination of your access to IndyHypnosis.com. Further, you agree not to attempt to use IndyHypnosis.com after said termination.

2.7 IndyHypnosis.com may contain links to third party websites that are not owned or controlled by Shurr Success, Inc. or Indy Hypnosis. Shurr Success, Inc. and Indy Hypnosis have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Shurr Success, Inc. and Indy Hypnosis will not and cannot censor or edit the content of any third-party site. You expressly relieve Shurr Success, Inc. and Indy Hypnosis from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the timshurr.com website and to read the terms and conditions and privacy policy of other websites that you visit.

3. THIRD PARTY SUBMISSIONS / INTERACTIVE FEATURES

3.1 The indyhypnosis.com website may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, video, or other content, including customer reviews, by you, other users, and other third parties such as our partners or affiliates (“Third Party Submissions”).

3.2 By posting, submitting or uploading a Third Party Submission to any area of indyhypnosis.com, you automatically grant, and you represent and warrant that you have the right to grant, to Shurr Success, Inc. and Indy Hypnosis an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third Party Submission and to prepare derivative works of, or incorporate into other works, said Third Party Submission, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third Party Submissions to indyhypnosis.com, you automatically grant Shurr Success, Inc. and Indy Hypnosis all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submission by any party for any purpose.

3.3 You acknowledge that the interactive features on IndyHypnosis.com are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to indyhypnosis.com. Shurr Success, Inc. and Indy Hypnosis cannot guarantee the security of any information you disclose through indyhypnosis.com. You make such disclosures at your own risk.

3.4 By posting Third Party Submissions to indyhypnosis.com or by using any other interactive area of the website, you specifically agree to comply with each of the following:

(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.

(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.

(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Shurr Success, Inc. and Indy Hypnosis any required terms.

(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.

(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.

(f) You will not post or transmit any material that deceptively impersonates any person or entity.

(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.

(h) You will post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly relates to an Event.

You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.

(j) You will not post or transmit any content that is intended to promote or commit an illegal act.

Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.

3.5 When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to indyhypnosis.com on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access timshurr.com to facilitate posting Third Party Submissions on behalf of others, except with express written permission from Shurr Success, Inc.and Indy Hypnosis.

3.6 Shurr Success, Inc. and Indy Hypnosis reserves the right to modify or discontinue, temporarily or permanently, its website, including sections of classified ads with or without notice at any time. You agree that Shurr Success, Inc. and Indy Hypnosis shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.

3.7 You are and shall remain solely responsible for any and all Third Party Submissions you make through indyhypnosis.com. You acknowledge that any information you disclose through indyhypnosis.com becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on indyhypnosis.com. Any such disclosures are at your own risk.

3.8 Shurr Success, Inc. and Indy Hypnosis does not prescreen Third Party Submissions submitted and Shurr Success, Inc. and Indy Hypnosis have no duty to monitor any interactive area of its website. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Third Party Submissions of the interactive areas, including Event listings, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Shurr Success, Inc. and Indy Hypnosis may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any indyhypnosis.com forum.

4. LIMITS ON THIRD PARTY SUBMISSIONS – DIGITAL MILLENNIUM COPYRIGHT ACT

4.1 You understand that when using the indyhypnosis.com website, you will be exposed to Third Party Submissions from a variety of sources, and that Shurr Success, Inc. and Indy Hypnosis are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Shurr Success, Inc. and Indy Hypnosis with respect thereto, and agree to indemnify and hold Shurr Success, Inc., Indy Hypnosis, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

4.2 Shurr Success, Inc. and Indy Hypnosis does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Shurr Success, Inc. and Indy Hypnosis expressly disclaims any and all liability in connection with Third Party Submissions.

4.3 Shurr Success, Inc. , Tim Shurr, and Indy Hypnosis coaching programs do not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Shurr Success, Inc. and Indy Hypnosis will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another’s intellectual property rights. Shurr Success, Inc.,Tim Shurr, and Indy Hypnosis coaching programs reserves the right to remove Content and Third Party Submissions without prior notice.

4.4 If you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Shurr Success, Inc. and Indy Hypnosis’s designated Copyright Agent to receive notifications of claimed infringement is:

Shurr Success, Inc.
Attn: Copyright Agent
8888 Keystone Crossing, Suite 1319
Indianapolis, IN 46240
tim@timshurr.com

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

4.5 Counter-Notice. If you believe that your Third Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Indianapolis, IN, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
• Your name, address, and telephone number.
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for the Federal District Court in Indianapolis, IN.
• A statement that you will accept service of process from the person who provided the Copyright Notice or an agent of such person

If a counter-notice is received by the Copyright Agent, indyhypnosis.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at timshurr.com sole discretion.

5. INTELLECTUAL PROPERTY INFORMATION

5.1 With the exception of Third Party Submissions, all content on the indyhypnosis.com website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Shurr Success, Inc. and Indy Hypnosis. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through timshurr.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

5.2 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Shurr Success, Inc. and Indy Hypnosis.

5.3 You further agree not to reproduce, duplicate or copy Content from timshurr.com without the express written consent of Shurr Success, Inc. and Indy Hypnosis and agree to abide by any and all copyright and other legal notices displayed on indyhypnosis.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in indyhypnosis.com. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of indyhypnosis.com.

6. WARRANTY DISCLAIMER

6.1 THERE IS NO GUARANTEE THAT ANY EDUCATIONAL MATERIAL PROVIDED OR PURCHASED FROM INDYHYPNOSIS.COM WILL LEAD TO ANY PARTICULAR RESULTS OR THAT THE USE OF THE MATERIAL WILL BE SUCCESSFUL FOR YOU.

6.2 INDYHYPNOSIS.COM, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHURR SUCCESS, INC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

6.3 SHURR SUCCESS, INC. AND INDY HYPNOSIS MAKE NO WARRANTY THAT: (I) INDYHYPNOSIS.COM WILL MEET YOUR REQUIREMENTS, (II) INDYHYPNOSIS.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN INDYHYPNOSIS.COM WILL BE CORRECTED.

6.4 SHURR SUCCESS, INC., INDY HYPNOSIS, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO INDYHYPNOSIS.COM, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN INDYHYPNOSIS.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH INDYHYPNOSIS.COM AND/OR SITE-RELATED SERVICES IS TO STOP USING INDYHYPNOSIS.COM AND/OR THOSE SERVICES.

7. INDEMNITY

7.1 You agree to defend, indemnify and hold harmless Shurr Success, Inc., Indy Hypnosis, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

(a) your use of and access to the indyhypnosis.com website;

(b) your participation in any interactive area of the indyhypnosis.com website including any material posted by you.

(c) your violation of any term of these Terms of Service;

(d) your violation of any third party right, including without limitation any copyright, property, or privacy right;

(e) your violation of any law, rule or regulation of the United States, any state, or any other country;

(f) any claim that one of your Third Party Submissions or a Third Party Submission posted using your account caused damage to another third party.

(g) any other party’s access and use of timshurr.com with your account.

7.2 This defense and indemnification obligation will survive these Terms of Service and any termination of your use of the indyhypnosis.com website.

8. PRIVACY POLICY

8.1 Shurr Success, Inc.,Tim Shurr, and Indy Hypnosis coaching programs have established a Privacy Policy to explain to users how personal information is collected and used, which is located at the following web address:

8.2 Your use of indyhypnosis.com signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Shurr Success, Inc. , and Indy Hypnosis may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the terms of use, or respond to claims from third-parties.

9. GOVERNING LAW / DISPUTES

9.1 You agree that the indyhypnosis.com website shall be deemed solely based in the State of Indiana.

9.2 The indyhypnosis.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Shurr Success, Inc. and Indy Hypnosis either specific or general, in jurisdictions other than Indiana.

9.3 Governing Law / Jurisdiction. These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of Indiana applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. These Terms of Use are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Use, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Marion County, Indiana and waive any objection to personal jurisdiction, to venue, or to convenience of forum.

9.4 Disputes. Any dispute, claim or controversy arising out of or relating to the indyhypnosis.com website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Indianapolis, Indiana, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the indyhypnosis.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

9.5 Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND SHURR SUCCESS, INC. AND INDY HYPNOSIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10. ASSIGNMENT / MODIFICATION

10.1 Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shurr Success, Inc. , and Indy Hypnosis without restriction.

10.2 Modification. We reserve the right to amend these terms and conditions at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. Your continued use of timshurr.com after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) indyhypnosis.com.

11. ABILITY TO ACCEPT TERMS OF SERVICE

You hereby declare, represent and warrant that you are over eighteen (18) years of age, or that you are an emancipated minor, or that you possess legal parental or guardian consent, and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Use. Www.indyhypnosis.com is not intended for use of children under eighteen (18) years old. Children under eighteen (18) years of age are hereby explicitly prohibited from making purchases using the timshurr.com website.

12. CONSENT

By using indyhypnosis.com in any way you are agreeing to comply with these Terms of Use. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with indyhypnosis.com in any way, your only recourse is to immediately discontinue your use of indyhypnosis.com.

PRIVACY POLICY
Shurr Success, Inc. and Indy Hypnosis

This Privacy Policy was last revised on November 29, 2016.

1. How your Privacy is Protected

Shurr Success, Inc. , and Indy Hypnosis (“us” or “we”) are dedicated to protecting your privacy and handling any personally identifiable information we obtain from you with care and respect.

As used in this Privacy Policy, Shurr Success, Inc. and Indy Hypnosis includes all of its subsidiary and affiliated entities. Shurr Success, Inc. and Indy Hypnosis are referred to in this Privacy Policy as “we,” “us,” “our,” and “ourselves.” The term web site(s) or site(s) includes indyhypnosis.com as well as any other web sites operated by Shurr Success, Inc.

This Privacy Policy sets forth our policy with respect to information, including personally identifiable information that is collected from users of and/or visitors to indyhypnosis.com. When this Privacy Policy uses the term “personally identifiable information,” we mean information that identifies a particular individual, such as the individual’s name, address, e-mail, and phone number. Personally identifiable information is also referred to in this Privacy Policy as “personal information.”

Please note that any text, video, image, or other content posted by you or a third party onto any interactive area of indyhypnosis.com becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

Shurr Success, Inc. , and Indy Hypnosis uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Shurr Success, Inc. and Indy Hypnosis and you do so at your own risk.

2. Information You Provide to Us

Typically the personally identifiable information we receive comes directly from users like you who are interested in obtaining various products and services from us or from third parties. In general, this information includes the user’s login name, real name, postal address, e-mail address, and telephone number.

We may also collect other types of information such as types of products or services you are interested in. We collect personal information when you register for a customer account, submit an order, contact us with inquiries, respond to one of our surveys, log on, or visit our web sites, including when you participate in activities on our web sites, such as any promotional offers.

The personally identifiable information we may collect includes without limitation your name, address, email address and other personally identifiable information. In some cases we may collect your PayPal information (e.g. your PayPal email address) or your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute personally identifiable information, to secure certain payments.

3. Information Collected Through Technology

We collect information through technology to make our sites more interesting and useful. For instance, when you come to one of our sites, your IP address is collected. An IP address is often associated with the network through which you enter the Internet, like your ISP or your company. At times, we also use IP addresses to collect information regarding the frequency with which our users visit various parts of our sites. We may also use your IP Address to help diagnose problems with our servers, and to administer our web sites.

When you view our web sites we may store a small amount of information on your computer. This information will be in the form of a “cookie” or similar file. Cookies are small files stored on your computer, not on our site. We use cookies in our interactive website areas, to deliver content specific to your interests, and so you are not required to reenter your account data every time you connect to the site or move to a new web page. Through your web browser you can choose to have your computer warn you each time a cookie is being set, or you can choose to delete or turn off all cookies at any time. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookie settings.

Our web sites may also use a variety of technical methods for tracking purposes, such as JavaScript snippets or pixel tags. We may also use these technical methods to analyze the traffic patterns on our web sites, such as the frequency with which our users visit various parts of our web sites. We may directly collect or use third-party analytics tools to help us measure traffic and usage trends for the site. These tools collect information sent by your browser or mobile device as part of a web page request, including the web pages you visit, your browser add-ons, your browser’s width and height, and other information that assists us in improving the site.

When you access the Site by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding your location.

When you access the Site by or through any device, we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier from a mobile phone or tablet. Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device.

Advertisements may be managed and placed on our web sites by third parties. Third-party advertisers who place advertisements on our web sites may also use cookies, JavaScript snippets and pixel tags to collect non-personally identifiable information when you click on or move your cursor over one of their banner advertisements. Once you’ve clicked on an advertisement and have left our web sites, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser to see how your personal information will be handled on their site.

We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personally identifiable information.

4. Information Collected Through Third Parties

We may also collect information from third parties, for example our payment processors as the result of payments you make to Shurr Success, Inc. and Indy Hypnosis including, but not limited to, your name, billing address, email address, and phone number.

We may also collect information from third party websites such as Facebook and Twitter when you interact with our site using those services. This information may include, the user identification associated with your account, an access token, any information you have made public in connection with that third party, and any information that you have permitted the third party to share with us.

5. Use of Personally Identifiable Information

We may use your personally identifiable information in many ways, including helping you find clothing items, sending you promotional materials, and sharing your information with third parties so that these third parties can send you promotional materials. We may also supplement personally identifiable information that we have collected directly from our users with other information that we obtain from third party partners. We may also share your personal information with companies we have a relationship with that offer products and/or services.

In addition, we may also share your information when you participate in certain activities on our sites that are sponsored by third parties such as making specific requests for business information or participating in promotions or contests sponsored in whole or in part by a third party.

Finally, sometimes we hire companies to help deliver products or services, like a company that provides payment processing or product delivery. In those instances, there is a need to share your information with these companies.

We may also take your personally identifiable information and make it non-personally identifiable, either by combining it with information about other individuals, or by removing characteristics (such as your name) that make the information personally identifiable to you. There are no restrictions under this Privacy Policy upon our right to aggregate or de-personalize your personal information, and we may use and/or share the resulting non-personally identifiable information with third parties in any way.

We may store personally identifiable information itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We take what we believe to be reasonable steps to protect the personally identifiable information from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from timshurr.com may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any personally identifiable information via the Internet.

We may also share certain information such as your location, browser and cookie data and other data relating to your use of our Site with our business partners to deliver advertisements (“ads”) that may be of interest to you. This Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.

6. International Privacy Laws.

If you are visiting our website or using one of our software applications from outside the United States, please be aware that you are sending information (including personally identifiable information) to the United States where our servers are located. We will hold and process your personally identifiable information in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country.

7. Purchase or Sale of Businesses

From time to time we may purchase a business or one or more of our businesses may be sold and your personally identifiable information may be transferred as a part of the purchase or sale. We may also, sell assign, or otherwise transfer such information in the regular course of business. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

8. Additional Disclosures Required By Law

We will disclose personal information when we believe in good faith that such disclosures are required by law, including, for example, to comply with a court order or subpoena; to enforce our Terms of Use; enforce contest, sweepstakes, promotions, and/or game rules; to protect your safety or security; and/or, protect the safety and security of our web sites, us, and/or third parties, including the safety and security of property that belongs to us or third parties.

9. Children’s Information

This site is not directed toward persons under eighteen (18) years of age. Shurr Success, Inc. and Indy Hypnosis does not knowingly collect personally identifiable information from persons under eighteen (18) years of age.

10. Applicability

This Privacy Policy applies to personally identifiable information collected on the web sites where this Privacy Policy is posted and does not apply to any other information collected by Shurr Success, Inc. and Indy Hypnosis through any other means.

11. Changes and Updates

This Privacy Policy may be revised periodically and this will be reflected by the “last revised” date above. Your use of indyhypnosis.com constitutes your agreement to the Privacy Policy in effect.

Individual results will vary from person to person. We do NOT guarantee any results. Please consult with your physician prior to beginning any health improvement program.

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