Disclaimer
The user of
the audio MP3 recordings from ImproveYourBrain.com hereby
referred to as audio recordings agrees that this software
is designed solely for self-improvement, learning, aid in
motivation, relaxation, and experimentation. This application is
not intended as a replacement for medical or psychological
treatment. No medical claims are intended express or
implied.
Those meeting
any of the following conditions, whether knowingly or not,
should not use this application:
- Epileptics
- Pregnant
women
- Those who are
wearing a pacemaker
- Those prone to
or have had seizures
- Those who are
photosensitive
Those who
should consult a physician before the use of this product
include:
- Individuals
under the influence of medication or drugs.
This
application is 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
ImproveYourBrain audio recordings, as they are more
susceptible to seizures.
Finally, DO NOT LISTEN TO ANY
ImproveYourBrain.com AUDIO RECORDINGS WHILE DRIVING OR
OPERATING MACHINERY.
The user
of ImproveYourBrain.com audio recordings assumes
all risks in using audio recordings, waiving any claims against
J-Six Solutions and its affiliates for any and all mental or
physical injuries. This includes all self-created suggestions for
mood altering, brain wave states altering, and for self-improvement
or motivation. The user also agrees to assume liabilities when
allowing other persons access to the audio recordings.
In no case
will J-Six Solutions or other distributors of the
ImproveYourBrain.com applications be liable for chance,
accidental, special, direct or indirect damages resulting from use,
misuse or defect of its software, instructions or
documentation.
The parties
shall attempt to resolve all disputes arising out of this agreement
in a spirit of cooperation without formal proceedings. Any dispute
which cannot be so resolved (other than a request for injunctive
relief) shall be subject to arbitration upon written demand of
either party. Arbitration shall take place within forty-five days
of the receipt of the written demand, in Sydney, Australia or
at another location (or in whole or in part by phone or other
means) if the parties so agree. The arbitration shall take place
before an arbitrator chosen as follows: The parties shall each
choose a representative, and the representatives shall choose an
arbitrator. The arbitrator shall schedule an informal proceeding,
hear the arguments, and decide the matter. Each party shall pay
half the costs of the arbitration proceeding. The arbitrator shall
not have the authority to award punitive damages or any other form
of relief not contemplated in this Agreement. Regarding each issue
submitted to arbitration, the decision shall be accompanied by a
written explanation of the basis upon which it was arrived at.
Judgment upon the award, if any, rendered by the arbitrators may be
entered in any court having jurisdiction thereof.
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