Terms of Use
My Chemotherapy Companion PDF Downloads
The following Terms of Use (“Terms”) are entered into between You and Kristen McPike Hypnotherapy (“Company,” “we,” “us” or “our”). By downloading, accessing, or using the Product, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using or downloading the Product. Please read these Terms of Use carefully before using our digital products.
1. THE PRODUCT
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1.1 The term “Product” refers to a downloadable digital PDF file provided by Kristen McPike Hypnotherapy. This file contains additional page supplements to one’s already purchased My Chemotherapy Companion by Kristen McPike such as “Medical Care Team List,””Medication List,””Upcoming Appointment & Notes,””Daily Log With Nighttime Tracker,””Cycle Summary with Chemo Menu,””Blood Test Results,” and “Imaging Results.”
1.2 Upon successful completion of the download process, you will receive access to the Product in digital PDF format. The Product and this agreement will be delivered electronically via email.
1.3 To access and use the Product, you must have a PDF reader installed on your device. Compatible PDF readers include, but are not limited to: Adobe Acrobat Reader, Foxit Reader, SumutraPDF, Preview (for Mac OS), Microsoft Edge, Google Chrome, Xodo Reader and MyPDF.
1.4 Users are responsible for ensuring that their devices meet the technical requirements for using PDF files. Kristen McPike Hypnotherapy is not responsible for any issues related to compatibility or technical requirements needed to access PDFs.
2. LICENSE AND USE
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2.1 The Product is intended for personal, non-commercial use only. You may download, view, and print the Product for your own personal use.
2.2 You may not use the Product for any commercial purposes, including but not limited to selling, distributing, or creating derivative works from the Product.
2.3 Your are not allowed to share, copy, distribute, or transfer the Product, or any part thereof, to others, whether by electronic means of otherwise, without prior written consent from Kristen McPike Hypnotherapy.
3. INTELLECTUAL PROPERTY RIGHTS
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3.1 The Product, including but not limited to original text, designs, and content created by Kristen McPike Hypnotherapy, is the intellectual property of Kristen McPike Hypnotherapy and is protected by copyright and other intellectual laws.
3.2 Certain graphics, images, and design elements within the Product may have been created using Canva, a third-party design platform. These elements are used under Canva’s licensing agreements and are subject to Canva’s intellectual property rights and usage restrictions
3.3 You acknowledge that:
1. Kristen McPike Hypnotherapy retains all rights to the original content it has created. However, rights to any Canva graphics and elements are governed by Canva’s licensing terms.
2. You may not use Canva graphics or design elements outside of the scope permitted by Canva’s terms of service, which typically limits the use to personal and non-commercial purposes unless a separate license is obtained by Canva.
3.4 Any unauthorized reproduction, distribution, modification, or creation of derivative works from any Product that includes Canva content is strictly prohibited.
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4. USE OF CANVA AND THIRD PARTY CONTENT
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4.1 The Product may include designs, graphics, and other content created using Canva and its resources. Canva is a third-party platform that provides templates, images, and graphic elements. All such content in the Product is subject to Canva’a terms and conditions and licensing agreements.
4.2 By downloading and using the Product, you acknowledge and agree that:
1. You will not resell, redistribute, or sublicense any of the Canva graphics or content included in the Product without explicit permission from Canva, as it may violate Canva’s terms of service.
2. Kristen McPike Hypnotherapy is not responsible for any misuse or violation of Canva’a terms and conditions by users of the Product.
5. DISCLAIMER OF WARRANTIES
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5.1 The Product is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
5.2 Kristen McPike Hypnotherapy does not warrant that the Product will be free of errors or that any defects in the Product will be corrected.
6. LIMITATION OF LIABILITY
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6.1 Educational Purpose Only: The Product is intended solely for educational purposes and general information. It is not intended as a substitute for professional medical, psychological or any professional advice, diagnosis, or treatment. Always seek the advice of a qualified professional with any questions you may have regarding a medical condition or treatment.
6.2. No Medical Advice: Kristen McPike Hypnotherapy does not offer medical or therapeutic advice through the Product. The information provided is based on general knowledge and experience and should not be construed as professional guidance. Reliance on any information provided in the Product is at your own risk.
6.3 To the fullest extent permitted by law, Kristen McPike Hypnotherapy shall not be liable for any direct, indirect, incidental, special consequential, or exemplary damages arising from the use or inability to use the Product, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses. This includes any damages arising from or related to reliance on the Product for medical or professional advice.
6.4 You agree to indemnify, defend, and hold harmless Kristen McPike Hypnotherapy and its affiliates, employees, and agents, including reasonable attorneys’ fees, arising out of or related to your use of the Product for purposes beyond its intended educational use or in your connection in any way to the use of the Product or your violation of these Terms.
7. PROHIBITED CONDUCT
7.1 You agree not to use the Product in any manner that is unlawful, harmful, threatening, abusive, defamatory, invasive of another’s privacy or otherwise objectionable.
7.2 You shall not use the Product to engage in any activity that would constitute a criminal offense, give rise to civil liability, or violate any applicable laws or regulations.
8. CHANGES TO TERMS
8.1 Kristen McPike Hypnotherapy reserves the right to update and modify these Terms at any time without prior notice. Your continued use of the Product after any changes or modifications to the Terms will constitute your acceptance of such changes.
8.2 It is your responsibility to review these Terms periodically to stay informed about any updates or changes.
9. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Los Angeles County in the state of California, without regard to its conflict principles. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts located in Los Angeles County in the state of California.
10. CONTACT INFORMATION
If you have any questions or concerns about the Terms, please contact us at:
Kristen McPike Hypnotherapy
Mailing Address
3435 Ocean Park Blvd.
Ste. 107 #2000
Santa Monica, CA 90405