The materials on iAwake Technologies, LLC's web site are provided "as is". iAwake Technologies, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties (excluding the money-back guarantee), including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, iAwake Technologies, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
The user of these iAwake Technologies products(TM), hereby referred to as iAwake products, agrees that this software is designed solely for self- improvement, learning, aid in motivation, relaxation, and experimentation. These iAwake products are 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 these iAwake products:
- People with epilepsy
Those who should consult a physician before the use of this product include:
- Pregnant women
- Those who are wearing a pacemaker
- Individuals under the influence of medication or drugs
- Those prone to or have had seizures
- History of severe mental illness
- History of tinnitus
- Those who are photosensitive
These iAwake products 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 iAwake products, as they are more susceptible to seizures.
Finally, DO NOT LISTEN TO ANY IAWAKE AUDIO FILES WHILE DRIVING OR OPERATING MACHINERY
The user of iAwake products assumes all risks in using iAwake products, waiving any claims against iAwake Technologies, LLC and its affiliates for any and all mental or physical injuries. The user also agrees to assume liabilities when allowing other persons access to iAwake products.
In no case will iAwake Technologies,LLC or other distributors of iAwake products be liable for chance, accidental, special, direct or indirect damages resulting from use, misuse or defect of its technology, 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 Salt Lake City, UT 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.