Terms & Conditions

This website is operated by Benjamin Kohn d/b/a Kohn Hypnotherapy. Throughout the site, the terms “me" and “I” refer to Benjamin Kohn d/b/a Kohn Hypnotherapy.  I offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here, and your agreement to be bound by such as a partially integrated written contract which shall adopt any supplemental terms available by hyperlink or within the scheduling tool, and shall further supersede any other written or oral agreements and understandings relating to the subject matter of this website and any services offered thereupon.

By visiting my site and/or purchasing anything from me, you engage in my “Service” and agree that your use of this website is and will be lawful and in good faith, and to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using my website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, schedule any appointments, make any purchase, or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. I reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to my website without other notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes, which you agree shall not require independent consideration.


I do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.  You agree that from time to time I may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by me) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and if the unenforceable portion shall be deemed to thus be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


ALL PROSPECTIVE HYPNOTHERAPY CLIENTS PLEASE BE ADVISED THAT THE PRACTICE OF HYPNOSIS, HYPNOTHERAPY, AND NEURO-LINGUISTIC PROGRAMMING ARE NOT PRESENTLY REGULATED BY THE UNITED STATES OR THE STATE OF CALIFORNIA EXCEPT INASMUCH AS THOSE LAWS AND REGULATIONS THAT ANY BUSINESS PROVIDING ANY TYPE OF SERVICES TO THE GENERAL PUBLIC MAY BE SUBJECT TO.  THEY ARE NOT, AND SHOULD NOT BE USED IN SUBSTITUTION FOR, MEDICAL CARE OR PSYCHOLOGICAL SERVICES PROVIDED BY A PSYCHIATRIST OR PSYCHOLOGIST, AND THERE ARE NO FORMAL TRAINING STANDARDS SET BY EITHER THE STATE OR FEDERAL GOVERNMENT TO USE THE TITLE OF HYPNOTHERAPIST OR BINDING THOSE PRIVATE HYPNOSIS TRAINING ACCREDITATION ORGANIZATIONS WHICH MAY DEVELOP SUCH STANDARDS FOR THE USE OF THEIR OWN REPUTATION TO ENDORSE THE CERTIFICATION CANDIDATES THEY FIND TO HAVE DEMONSTRATED THE SKILLS TAUGHT BY THE TRAINING PROGRAMS AND CURRICULUM THEY DEVELOPED OR ENDORSE. NO SERVICE OFFERED THROUGH THIS WEBSITE IS INTENDED TO DIAGNOSE, PREVENT, TREAT, OR CURE ANY MEDICAL CONDITION OR DISEASE, AND BENJAMIN KOHN DOES NOT CLAIM TO HOLD ANY GOVERNMENT LICENSES TO PRACTICE ANY FORM OF REGULATED HEALTH CARE SERVICE.  ALL CERTIFICATIONS REFERENCED ARE BY PRIVATE ORGANIZATIONS.


ALL CLAIMS, EXPLANATIONS, AND DESCRIPTIONS OF THE SERVICES BY ME REPRESENT ONLY MY HONEST OPINION BASED ON MY RESEARCH, TRAINING, AND EDUCATION REGARDING THE SUBJECT MATTER, THE ACCURACY OF WHICH IS NOT WARRANTIED EITHER EXPLICITLY OR IMPLICITLY. SIMILARLY, THERE IS NO EXPRESS OR IMPLIED WARRANTY REGARDING ANY CONTENT AUTHORED BY THIRD PARTIES, WHETHER POSTED ON THIS WEBSITE OR LINKED THERETO.  WHILE BENJAMIN DOES GUARANTEE THAT HE WILL ONLY ACCEPT HYPNOTHERAPY CLIENTS OR SESSION GOALS WHICH HE HONESTLY BELIEVES THE TECHNIQUES AND METHODS HE WAS TAUGHT WOULD BE BENEFICIAL FOR TO THE EXTENT THAT SUCH ACCEPTANCE WOULD BE IN GOOD FAITH, NO SPECIFIC RESULT OR OUTCOME IS GUARANTEED OR SHOULD BE RELIED UPON.


BY USING THIS WEBSITE, YOU AGREE TO HOLD HARMLESS BENJAMIN KOHN D/B/A KOHN HYPNOTHERAPY FOR ANY RELIANCE OR USE OF ITS CONTENT, AND FURTHER AGREE YOU WILL NOT ATTEMPT TO DAMAGE, HARM, MODIFY, OR INTENTIONALLY OR RECKLESSLY OBSTRUCT THE USABILITY FOR OTHERS OF THIS WEBSITE, INCLUDING BY USING ANY COMPUTER VIRUS OR WORM, MALWARE, SPYWARE, HACKING, OR DEDICATED DENIAL OF SERVICE ATTACK (DDoS) THEREUPON, AND THAT YOU WILL BE LIABLE TO BENJAMIN KOHN FOR ANY VIOLATIONS OF SUCH TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW. 


IN NO CASE SHALL I BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER AT LAW (INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY) OR EQUITY ARISING FROM THE USE OF THE WEBSITE.  ACCESS TO THIRD PARTY TOOLS, INFORMATION, OR SERVICES SHALL BE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.


BY PURCHASING OR PRESENTING FOR ANY OF THE SERVICES MENTIONED, YOU ASSUME ANY AND ALL RISKS, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING THE RISKS REGARDING SAFETY AND EFFECTIVENESS FOR YOUR INTENDED PURPOSES.  YOU AGREE TO HOLD HARMLESS BENJAMIN KOHN D/B/A KOHN HYPNOTHERAPY FOR ANY INJURY OR DAMAGES, EXPRESSLY INCLUDING ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER AT LAW (INCLUDING BUT NOT LIMITED TO CONTRACT, TORT OTHER THAN INTENTIONAL TORTS, NEGLIGENCE, AND STRICT LIABILITY) OR EQUITY, THAT MAY ARISE FROM THE RECEIPT OF THESE SERVICES, EXCEPT FOR INTENTIONAL TORTS, AND TO WAIVE AND RELEASE ANY OTHER CLAIM, WHETHER AT LAW OR AT EQUITY. 


IF AN APPLICABLE STATE OR JURISDICTION DOES NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSIONS, THE FOREGOING EXCLUSIONS INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT ANY LIABILITY THAT MAY BE HELD AGAINST BENJAMIN KOHN D/B/A KOHN HYPNOTHERAPY ARISING FROM THESE SERVICES BE LIMITED TO THE REMEDY OF A REFUND OF NO MORE THAN THE AMOUNT PAID TO HIM FOR THOSE SERVICES.  SHOULD YOU FEEL UNSATISFIED WITH THE QUALITY OF BENJAMIN'S SERVICE, REQUESTS FOR DISCOUNTS OR REFUNDS WILL OTHERWISE BE CONSIDERED ON A CASE-BY-CASE BASIS, AND MAY BE GRANTED OR DENIED AS A COURTESY AT BENJAMIN'S SOLE DISCRETION.


YOU AGREE THAT, IF YOU SCHEDULE AN APPOINTMENT AND LATER ACQUIRE AN ILLNESS OR INJURY, OR EXPERIENCE AN EMERGENCY, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, IT REMAINS YOUR SOLE RESPONSIBILITY TO CANCEL WITH THE AGREED UPON AMOUNT OF ADVANCE NOTICE AND, FURTHER, THAT YOU ARE REQUIRED TO CANCEL ANY IN PERSON SESSION WHERE YOU KNOW OR SHOULD KNOW THAT YOU OR ANYONE ELSE PRESENT AT YOUR LOCATION HAVE A CONTAGIOUS ILLNESS THAT MAY REMAIN CONTAGIOUS THROUGH THE SCHEDULED TIME. SHOULD YOU FAIL TO DO THIS, EVEN IF THE CAUSE OF NECESSITY IS DISCOVERED AFTER THE CUTOFF TO DO SO, YOU AGREE THAT YOU'VE ASSUMED THE RISK OF NEEDING TO PAY THE AGREED UPON CANCELLATION AND/OR NO-SHOW FEE AS STIPULATED LIQUIDATED DAMAGES TO COMPENSATE FOR THE OPPORTUNITY COST OF THAT TIME SLOT HAVING BEEN RESERVED SPECIALLY FOR YOU AND MADE UNAVAILABLE TO OTHERS UNTIL THEN, AND AGREE TO BE SO CHARGED TO THE METHOD OF PAYMENT CHOSEN TO GUARANTEE THE APPOINTMENT.


BENJAMIN KOHN D/B/A KOHN HYPNOTHERAPY RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON OR NO REASON.


BY USING THIS WEBSITE OR MAKING ANY PURCHASE, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND BENJAMIN KOHN OR KOHN HYPNOTHERAPY WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES, AND ADJUDICATED IN EITHER THE CALIFORNIA SUPERIOR COURT FOR SANTA CLARA COUNTY OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, AND HEREBY CONSENT TO THE PERSONAL JURISDICTION OF BOTH OF THOSE COURTS.  IF YOU TAKE SUCH ACTION AGAINST BENJAMIN KOHN D/B/A KOHN HYPNOTHERAPY AND ARE UNSUCCESSFUL, YOU AGREE TO PAY HIS REASONABLE ATTORNEY'S FEES, EXPENSES, AND COURT COSTS, AND ANY EXPENSES AND COSTS ASSOCIATED WITH COLLECTING UPON ANY COURT JUDGMENT. YOU FURTHER AGREE THAT BENJAMIN KOHN D/B/A KOHN HYPNOTHERAPY SHALL HAVE THE RIGHT TO COMPEL BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION ACCORDING TO THEIR CONSUMER RULES INSTEAD OF COURT ADJUDICATION AT HIS SOLE OPTION IN ANY DISPUTE, WITH ARBITRATOR FEES AND COSTS ASSESSED AGAINST THE ADVERSE PARTY IF HE FILES THE DISPUTE AND AGAINST YOU IF YOU FILE THE DISPUTE.  IF HE SO ELECTS, YOU UNDERSTAND YOU ARE WAIVING, AND AGREE TO WAIVE, YOUR RIGHTS TO LITIGATE THE DISPUTE IN COURT AND/OR TO A TRIAL BY JURY. ANY ARBITRATION AWARD MAY BE CONFIRMED BY A COURT OF COMPETENT JURISDICTION.