Terms and Conditions

Terms & Conditions

HappyBrainWaves: Terms and Conditions of use, Privacy Policy, RETURNS POLICY, Warranties, Disclaimers and Legal Rights
Terms and Conditions of Use
This site is owned and operated by Grace Dynamics Pty Ltd. Trading as and herein referred to as HappyBrainWaves and/or www.HappyBrainWaves.com These terms of use apply to and govern your, and your use of this site, including all services provided therein. Your use of this site signifies your agreement to be bound by these terms of use. By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.
HappyBrainWaves reserves the right, at its sole discretion, to change, modify, add or remove any portion of this site or these terms of use, in whole or in part, at any time. Changes to these terms of use will be effective when posted. You agree to review these terms of use periodically to be aware of any changes. Your continued use of this site after any changes to these terms of use are posted will be considered acceptance of those changes.
1. Not sold to Minors . HappyBrainWaves does not sell products for purchase by children but does sell children’s products for purchase by adults. Use by minors should be under adult guidance and supervision.
2. No Medical Advice
This website, products and materials are not intended to diagnose, treat, cure, or prevent any disease or condition, and are no substitute to medical advice. You should consult your physician and follow their advice. These statements have not been evaluated by any Food and Drug Administration or similar.
You agree that any HappyBrainWave audio sessions are designed solely for general wellbeing, self-improvement, aid in motivation, relaxation, and experimentation and that individual results will vary. They are not intended as a replacement for medical, psychiatric or psychological treatment of any kind. No medical claims are intended express or implied.
3. Buyer assumes all responsibilties
The buyer of HappyBrainWavesTM products assumes all risks in using HappyBrainWaveTM ,waiving any claims against HappyBrainWavesTM and/or NeuroSonicaTM for any and all mental or physical injuries. The buyer/user also agrees to assume liabilities when other persons have access to HappyBrainWavesTM. In no case will HappyBrainWavesTM be liable for chance, accidental, special, direct or indirect damages caused or alleged to be caused directly or indirectly resulting from use, misuse or defects of its music , instructions or documentation.
4. Return Policy
We will replace any HappyBrainwave CD products if they are proven faulty and returned to HappyBrainWaves. Please choose your products carefully and make full use of all accompanying information. Orders cannot be cancelled once a media shipment is dispatched from our distribution centre, or once an order containing any downloadable material has been placed.
5. Product Warranty
We do warrant the quality of our CDs. CD replacement info: If any HappyBrainWave audio CD does not play for you, is scratched, is skipping or is not creating audio sound for you within 90 days of receipt of your order, simply let us know (via the information at our contact page), return the product to us and we’ll remedy the situation by sending you replacement media. But first, please ensure your audio system and its components (eg headphones) are functioning correctly and/or cross check it with another system before assuming any audio product malfunction.
6. Contraindications
Those meeting any of the following conditions, whether knowingly or not, should not listen to HappyBrainWaves audio sessions:
• Epileptics and any other conditions sensitive to auditory pulses
• Those who are wearing a pacemaker
• Those who are prone to or have had seizures of any kind
• Those with auditory disorders other than age related hearing impairment
• Those under the influence of alcohol or other mood altering substances, legal or illegal.
Those who should consult a physician before the use of this product include:
• Individuals under the influence of medication or drugs-prescribed or not-prescribed.
• Those with any psychiatric, psychological or medical problems requiring professional medical services
• Pregnant women –although we have found no research indicating problematic links between pregnancy and entrainment , purely as a precaution if you are pregnant you should consult with a medical professional before listening to our audio.
Other:
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 HappyBrainWaves audio sessions, as they are more susceptible to seizures.
In the unlikely event of intense or ongoing physical or mental discomfort you agree to discontinue use immediately and see a medical practitioner.
7. Listen as instructed
Always listen as instructed for any given sessions. Especially do not listen to any HappyBrainWaves audio while driving, operating machinery, equipment or any other potentially hazardous activities.
Privacy Policy
Maintaining your privacy is very important to us. Like you we do not like spam or having our private email addresses abused for any purpose so we treat you as we would want to be treated ourselves. In the unlikely event that any of the following privacy information becomes subject to change we encourage you to check our online privacy policies and statement regularly.
We use the information we collect about you for three purposes: to facilitate your membership and any orders, to let you know about products & services and to create a more enjoyable, more personalised experience for you.
We keep all customer information strictly confidential, which means that to the extent you provide us with an email address or other personally identifying information, we won’t use it for any purpose other than the purpose for which you contacted us:
• If you ordered something, we’ll use it only to fill that order and maintain the highest level of customer service.
• If you join our mailing list, we will send you occasional emails regarding upgrades, our products, or simply things we find interesting and relevant.
• The way to join our mailing list is to enter your email into the mailing list box. You will not be mailed otherwise.
We never sell, reuse, rent, loan, or otherwise disclose to any outside party the information you have given us. However, some of our sites may contain links to other third party sites for products and/or services whose privacy policy may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
We use the standard web site information tracking: cookies and log IP addresses to gather usage and site hit statistics, none of which we use for any purpose other than analyzing our site traffic.
In the extremely unlikely event that access to our records is compelled by legal process, we will resist disclosure using whatever legal grounds are at our disposal. However we may have to disclose personal information in response to legal process, for example, in response to a court order or a subpoena. We may also disclose such information in response to a law enforcement agency’s request.
Restrictions on Use of Materials
Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by Australian and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of HappyBrainWaves or of other owners used with their permission.
Database Ownership, License, and Use
HappyBrainWaves warrants, and you accept, that HappyBrainWaves is the owner of the copyright of the Databases of Links to articles and resources available from time to time through http://www.happybrainwaves.com. HappyBrainWaves and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.
HappyBrainWaves grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from HappyBrainWaves’s databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.
Liability
The materials in this site are provided “as is” and without warranties of any kind either express or implied. HappyBrainWaves and its affiliates disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HappyBrainWaves does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. HappyBrainWaves does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not HappyBrainWaves ) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall HappyBrainWaves or its affiliates be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if HappyBrainWaves or a HappyBrainWaves authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall HappyBrainWaves’ total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific medical advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to HappyBrainWaves and such information should not be relied upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of HappyBrainWaves and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by HappyBrainWaves or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of HappyBrainWaves or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received fromHappyBrainWaves, and all information to which you have access through password-protected areas ofHappyBrainWaves’ websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Other Legal
These Terms of Use will apply to every access to http://www.HappyBrainWaves.com. HappyBrainWaves reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from HappyBrainWaves will be a separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by You without HappyBrainWaves’ written consent in advance.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of Australia, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate HappyBrainWaves and/or its affiliates’ intellectual property rights, HappyBrainWaves and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in Australia, 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: Adelaide, Australia. 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: Adelaide, Australia. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all http://www.HappyBrainWaves.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice atHappyBrainWaves’ sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other http://www.HappyBrainWaves.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
Further 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.
Subscriber  Affiliate Agreement
The Web site located at http://www.happybrainwaves.com (“Site”) is provided byHappyBrainWaves. Your access to and use of the Site is governed by this Subscriber Agreement (“Agreement”). As used in this Agreement, “HappyBrainWaves” “we,” “us’” or “our” refers toHappyBrainWaves, 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 HappyBrainWaves.
You assume all risks in using them, waving any claims against HappyBrainWaves and their affiliates for any and all mental or physical injuries. You also agree to assume liabilities when allowing other persons access to any HappyBrainWaves audio.
In no case will HappyBrainWaves or other distributors of HappyBrainWaves’ products or information be liable for chance, accidental, special, direct or indirect damages resulting from use, misuse or defect of its products, instructions or documentation.
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 HappyBrainWaves’ 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 at: http://www.happybrainwaves.com.
User Conduct
The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities (“Communication Services”) designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through HappyBrainWaves any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of HappyBrainWaves nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that HappyBrainWaves does not pre-screen all content, but that HappyBrainWaves and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, HappyBrainWaves and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that HappyBrainWaves is not responsible for any content sent using and/or included in the Site by any third party.
Copyright and Restrictions
This Web site contains the proprietary written material and audio products of HappyBrainWaves (c) 2009 licensed by NeuroSonica which is protected by Australian and International copyright and other laws respecting proprietary rights. HappyBrainWaves 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 HappyBrainWaves except as expressly permitted under this Agreement and under Australian and International copyright laws. Any breaches will be vigorously pursued and offenders prosectuted to the fullest extent of the law. WARNING:HappyBrainWaves regularly scan internet file sharing entities for possible breaches of these copyright restrictions.
End users who are duly authorized may Access HappyBrainWaves 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 fromHappyBrainWaves. Any use not authorized by the Agreement is prohibited and is not a fair use under Australian and International 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 HappyBrainWaves and/orHappyBrainWaves’ 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 HappyBrainWaves ,its affiliates , and/or any ofHappyBrainWaves’ 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 if 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 HappyBrainWaves or it’s licensed supplier, Neurosonica; 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; de-compile, 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 byHappyBrainWaves.
If you breach any provision of this Agreement, HappyBrainWaves may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies .
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. HappyBrainWaves 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 (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check HappyBrainWaves 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 HappyBrainWaves, 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.
Accuracy and Availability of Information
The Site contains database information and other content compiled by Ken Grimmer and John Corrie and licensed to HappyBrainWaves. While we use commercially reasonable efforts to provide accurate information, HappyBrainWaves gives no warranty as to the accuracy of the database and other content on the Site. HappyBrainWaves reserves the right to withdraw or delete information or content from the Site at any time.
Links to Third Party Sites
HappyBrainWaves does not endorse the content on any third-party Web site, including Web sites of HappyBrainWaves’ affiliates (“Third-Party Sites”). HappyBrainWaves 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 HappyBrainWaves is not your agent and is not a party to any transaction at a Third-Party Site.
Representations and Warranties
You represent and warrant to HappyBrainWaves 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.

Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY HappyBrainWaves AND ITS AFFILIATES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND HappyBrainWaves 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, HappyBrainWaves 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.
Limitation of Damages
IN NO EVENT WILL HappyBrainWaves 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 HappyBrainWaves HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL HappyBrainWaves 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 HappyBrainWaves FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
Indemnity
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 HappyBrainWaves.
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.
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.
Termination
HappyBrainWaves may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that HappyBrainWaves, 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 HappyBrainWaves. HappyBrainWaves 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.
Assignment
You agree not to assign your rights under this Agreement without the consent of an authorized representative of HappyBrainWaves in a non-electronic record, and any assignment without HappyBrainWaves’ consent will be voidable at HappyBrainWaves’ option. This Agreement will inure to the benefit of and bind the parties’ respective successors and permitted assigns.
Applicable Law and Disputes
This Agreement is governed by the laws of Australia without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate HappyBrainWaves and/or its affiliates’ intellectual property rights, HappyBrainWaves and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in Australia, 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: Adelaide, Australia. 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: Adelaide, Australia. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Amendments
HappyBrainWaves may change the provisions of this Agreement. When HappyBrainWaves changes the terms of this Agreement, HappyBrainWaves 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.
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 HappyBrainWaves except in a signed, non-electronic writing signed by an authorized representative of HappyBrainWaves.
General
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 HappyBrainWaves or its affiliates as a result of this Agreement or your use of the Site.