Terms and Conditions

Terms and Conditions2018-01-08T20:45:56+00:00

Terms and Conditions

Terms of Use

Welcome to Brainwave Technologies. This site is owned and operated by Dr. Susan Spicer. These Terms of Use, along with policies and guidelines located throughout the brainwave-technologies.com website identify what users of the brainwave-technologies.com website can expect from brainwave-technologies.com, and what we expect from users. By accessing any areas of the brainwave-technologies.com website, users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the brainwave-technologies.com website. The information contained in this Site, including but not limited to these Terms of Use, is subject to change without notice.

Privacy Policy

Brainwave Technologies respects the privacy of our users. Use of information that we collect from you on this site is governed by our Privacy Policy.

Content

Proprietary Rights

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.

Third-Party Content

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.

Account Registration

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.

Shopping Security

Orders that you submit are protected by as described in our Privacy Policy.

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.

Electronic Communications

If you give us your e-mail address when you order on our Site, we will send an e-mail confirmation that we have received your order. Other ways in which we may use your e-mail address and ways to opt out of receiving e-mails not related to your order are described in our Privacy Policy. When you visit brainwave-technologies.com, place an order or send us an e-mail, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, whether by e-mail or posting them on this Site, satisfy any legal requirement that such communication be in writing. These Terms of Use create a binding agreement between us, without need for signature of either side.

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.

Acknowledgment

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and brainwave-technologes.com regarding User’s relationship with brainwave-technologes.com and supersedes any prior statements or representations. When using the brainwave-technologes.com website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

Modification

Brainwave Technologies reserves the right to make changes to the brainwave-technologes.com website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on January 6, 2018.

Legal Notice(s)

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