Warranties, Disclaimers and Legal Rights
Please read the terms and conditions of this subscriber agreement carefully.
by entering this website, you are agreeing to become a party to and be bound by all the terms and conditions of this subscriber agreement.
The Web site located at http://www.BinauralBeatsMeditation.com (“Site”) is provided by BinauralBeatsMeditation.com. Your access to and use of the Site is governed by this Subscriber Agreement (“Agreement”). As used in this Agreement, “BinauralBeatsMeditation.com,” “we,” “us’” or “our” refers to BinauralBeatsMeditation.com, and “you” or “your” refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by BinauralBeatsMeditation.com.
1. Not for Minors
This site is to be used only by persons 18 years of age and older. Although this site is not an adult website as such, the brain stimulation and training products featured here, as well as discussions and related information, are not for use by minors.
2. No Medical Advice
This website, products and materials are not intended to diagnose, treat, cure, or prevent any disease, and are no substitute to medical advice. You should consult your physician and follow his advice. These statements have not been evaluated by the Food and Drug Administration.
You agree that the audio sessions that are part of the BinauralBeatsMeditation.com Program are designed solely for self-improvement, aid in motivation, relaxation, and experimentation. They are not intended as a replacement for medical or psychological treatment. No medical claims are intended, expressed or implied.
Those meeting any of the following conditions, whether knowingly or not, should not listen to the binaural beats brainwave entrainment audio provided:
- Pregnant women (read more here)
- Those who are wearing a pacemaker
- Those prone to or have had seizures
Those who should consult a physician before the use of this product include:
- Individuals under the influence of medication or drugs.
These sessions are not to be used while under the influence of alcohol or other mood altering substances, whether they are legal or illegal.
Children under the age of 18 are to be examined by a physician for epilepsy or illnesses that may contribute to seizures prior to the use of binaural beats brain entrainment audio recordings, as they are more susceptible to seizures.
You assume all risks in using them, waving any claims against BinauralBeatsMeditation.com and their affiliates for any and all mental or physical injuries. You also agree to assume liabilities when allowing other persons access to the BBM recordings.
In no case will BinauralBeatsMeditation.com or other distributors of BBM products be liable for chance, accidental, special, direct or indirect damages resulting from use, misuse or defect of its products, instructions or documentation.
3. Access and Passwords
As part of the subscription process for this Site, you might have selected or been assigned a particular username and password in accordance with BinauralBeatsMeditation.com’s username and password guidelines. You agree that you are the only individual entitled to access the site using your username or password, and you agree not to permit others to access the site using your username or password.
You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password. If you lose your username or password, please contact us here.
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site.
5. Copyright and Restrictions
This Web site contains proprietary material of BinauralBeatsMeditation.com (or material that other suppliers have licensed to BinauralBeatsMeditation.com for their use) which is protected by copyright and other laws respecting proprietary rights. BinauralBeatsMeditation.com retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use BinauralBeatsMeditation.com except as expressly permitted under this Agreement and under United Kingdom copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
End users who are duly authorized may Access BinauralBeatsMeditation.com for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from BinauralBeatsMeditation.com. Any use not authorized by the Agreement is prohibited and is not a fair use under the UK copyright law.
You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause BinauralBeatsMeditation.com and/or BinauralBeatsMeditation.com’s suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by BinauralBeatsMeditation.com, and/or any of BinauralBeatsMeditation.com’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of BinauralBeatsMeditation.com; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by BinauralBeatsMeditation.com.
If you breach any provision of this Agreement, BinauralBeatsMeditation.com may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. BinauralBeatsMeditation.com can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the robot guidelines. We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check BinauralBeatsMeditation.com links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
f. Access the Site by any means other than through the interface that is provided by BinauralBeatsMeditation.com or attempt or access any area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by BinauralBeatsMeditation.com. While we use commercially reasonable efforts to provide accurate information, BinauralBeatsMeditation.com gives no warranty as to the accuracy of the database and other content on the Site. BinauralBeatsMeditation.com reserves the right to withdraw or delete information or content from the Site at any time.
8. Links to Third Party Sites
BinauralBeatsMeditation.com does not endorse the content on any third-party Web site, including Web sites of BinauralBeatsMeditation.com’s affiliates (“Third-Party Sites”). BinauralBeatsMeditation.com is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that BinauralBeatsMeditation.com is not your agent and is not a party to any transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to BinauralBeatsMeditation.com that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
all content, software, and other services provided at or found within this site by binauralbeatsmeditation.com and its affiliates are provided “as is” and “with all faults,” without warranties of any kind, and binauralbeatsmeditation.com and its affiliates hereby disclaim all warranties, express, implied, or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and noninfringement.
specifically, but without limiting the generality of the foregoing, binauralbeatsmeditation.com does not make any warranties regarding the following: (a) availability of the site at any particular time; (b) accuracy of the content or how current any content is that is found on the site; (c) transmissions to, from or within the site; (d) functionality; (e) lack of viruses; (f) compliance of the software, services and content provided under this agreement with united states, federal or state laws; or (g) that the software, content or services contained in the site will meet any particular criteria of performance or quality.
11. Limitation of Damages
in no event will binauralbeatsmeditation.com or any of its affiliates be liable for any consequential, indirect, incidental, or special damages whatsoever, including without limitation damages for loss of profits, business interruption, loss of or unauthorized access to information, and the like, even in the event of fault, tort, breach of contract, or breach of warranty, and even if binauralbeatsmeditation.com has been advised of the possibility of such damages.
12. Limitation of Liability; Exclusive Remedy
also, in no event will binauralbeatsmeditation.com or any of its affiliates be liable to you and/or any agency for any amount in excess of the total dollar amount actually received by binauralbeatsmeditation.com from you for access to the site and any of the services available at the site during the year prior to your claim.
You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of BinauralBeatsMeditation.com.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
BinauralBeatsMeditation.com may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that BinauralBeatsMeditation.com, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or BinauralBeatsMeditation.com. BinauralBeatsMeditation.com may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
You agree not to assign your rights under this Agreement without the consent of an authorized representative of BinauralBeatsMeditation.com in a non-electronic record, and any assignment without BinauralBeatsMeditation.com’s consent will be voidable at BinauralBeatsMeditation.com’s option. This Agreement will inure to the benefit of and bind the parties’ respective successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the United Kingdom, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate BinauralBeatsMeditation.com and/or its affiliates’ intellectual property rights, BinauralBeatsMeditation.com and/or its affiliates may seek injunctive or other appropriate relief in any provincial or federal court in the United Kingdom, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: London, UK. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: London, UK. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
BinauralBeatsMeditation.com may change the provisions of this Agreement. When BinauralBeatsMeditation.com changes the terms of this Agreement, BinauralBeatsMeditation.com will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the “I Agree” button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by BinauralBeatsMeditation.com except in a signed, non-electronic writing signed by an authorized representative of BinauralBeatsMeditation.com.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and BinauralBeatsMeditation.com or its affiliates as a result of this Agreement or your use of the Site.