Terms and Conditions
User acknowledges that the brainwave-technologies.com website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and brainwave-technologies.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
In some instances, the Content available through the brainwave-technologies.com website represents the opinions and judgments of the respective third party providing such Content. Brainwave-technologies.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the brainwave-technologies.com website by anyone other than brainwave-technologies.com. Under no circumstances shall brainwave-technologies.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the brainwave-technologies.com website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the brainwave-technologies.com website.
Termination of Usage
Brainwave Technologies, Inc. may suspend or terminate any User’s access to all or any part of the brainwave-technologies.com website including any account thereon, without notice, for any reason, at the sole discretion Brainwave Technologies, Inc.
If you establish an electronic account with us, you are responsibility for maintaining the confidentiality of your account and password, and for restricting access to the computer(s) you have used to place orders.
Payment for Orders
We accept Visa®, MasterCard®, AmericanExpress®, and Discover® and PayPal in payment for orders. Our shipping charges are described at Shipping and Delivery Policy.
Validating or Rejecting Your Order
After you place an order using our shopping cart, we will check the information you provide to verify availability of your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address or other contact information you have given us with the order. Your credit card will normally not be charged if we reject an order, but we will process a refund if a charge has been made against your card.
Order Acceptance and Confirmation
Your orders are only accepted by shipment of the item(s). Your receipt of an electronic or other form of order confirmation does not create a contract to sell you the product. Brainwave Technologies reserves the right to accept or decline your order for any reason prior to shipment.
Returns and Exchanges
Each shipment will arrive with a packing slip that makes returns and exchanges easy if you are not satisfied with what you ordered. See our Return and Exchange Policy for more information.
Disclaimers and Limitation of Liability
THE BRAINWAVE-TECHNOLOGIES.COM WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BRAINWAVE TECHNOLOGES, INC. DISCLAIMS ALL IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, BRAINWAVE TECHNOLOGIES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE BRAINWAVE-TECHNOLOGIES.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE BRAINWAVE-TECHNOLOGIES.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE BRAINWAVE-TECHNOLOGIES.COM WEBSITE; OR (IV) THAT THE BRAINWAVE-TECHNOLOGIES.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF BRAINWAVE-TECHNOLOGIES.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAINWAVE TECHNOLOGIES DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE BRAINWAVE-TECHNOLOGIES.COM WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE BRAINWAVE-TECHNOLOGIES.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BRAINWAVE TECHNOLOGIES, INC. UNDER NO CIRCUMSTANCES SHALL BRAINWAVE TECHNOLOGIES OR DR. SUSAN SPICER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE BRAINWAVE-TECHNOLOGIES.COM WEBSITE INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE BRAINWAVE-TECHNOLOGIES.COM WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BRAINWAVE-TECHNOLOGIES.COM’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE BRAINWAVE-TECHNOLOGIES.COM WEBSITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
BRAINWAVE TECHNOLOGIES AUDIOS ARE NOT INTENDED TO REPLACE MEDICAL DIAGNOSIS AND TREATMENT, OR THERAPY WITH A LICENSED PSYCHOLOGIST OR OTHER MENTAL HEALTH PROVIDER. IF YOU SUFFER FROM CLINICALLY SIGNIFICANT MENTAL HEALTH SYMPTOMS, IT IS RECOMMENDED THAT YOU PARTICIPATE IN TREATMENT WITH A LICENSED PSYCHOLOGIST. DO NOT LISTEN TO BRAINWAVE TECHNOLOGIES WHILE DRIVING A VEHICLE OR OPERATING HEAVY MACHINERY, OR AT A TIME WHEN YOU NEED TO BE ALERT AND AWAKE. IF YOU HAVE A HISTORY OF SEIZURES OR A TENDENCY TOWARD AUDITORY DISORDERS OR OTHER ADVERSE PSYCHOLOGICAL CONDITIONS, DO NOT UTILIZE BRAINWAVE TECHNOLOGIES AUDIOS WITHOUT FIRST CONSULTING YOUR PHYSICIAN. IN THE UNLIKELY EVENT THAT YOU EXPERIENCE UNUSUAL PHYSICAL OR EMOTIONAL DISCOMFORT, DISCONTINUE USE IMMEDIATELY. ALL CLAIMS WHETHER EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
If you have any legal questions or notices please send to The Allen Firm PA, 605 E. Robinson St., Suite 130, Orlando, FL 32801, ATTN: Frank T. Allen, Esquire