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Terms & Conditions

Terms & Conditions

ACCEPTANCE OF TERMS

Welcome to Interstate Industries, Inc. d/b/a Hemi-Sync®’s website. This page states the Terms and Conditions under which you may use the site (“Terms”). Please read this page carefully. By using this website, you agree to be bound by these Terms. Therefore, if you cannot accept these Terms, please do not use this site. Hemi-Sync reserves the right to revise these Terms without notice to you by updating this posting. Therefore, you should visit this page periodically to review the Terms. Use of the site after any changes are posted to these Terms constitutes your acceptance of those changes.

SUBSCRIPTION

Our automatically renewing subscription service is called Hemi-Sync® Unlimited and is offered with the following options: 1) 7-day trial for $0.99, then $8.99 per month thereafter, and 2) $69.99 per year.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All materials on this site, including, but not limited to images, illustrations, graphics and text are protected by copyright under both United States and foreign laws. Unauthorized use of this material violates copyright, trademark, and other laws. You may not copy, republish, upload, post, transmit, or distribute in any way our site material. However, you may view and download a single copy of the material on this web site solely for your personal, non-commercial home use only, provided that all copyright and other notices contained in the materials are left intact. Any modification of this material or use of the material for any other purpose constitutes an infringement of Hemi-Sync’s copyright and other proprietary rights. Use of this material on any other web site or other networked computer environment is prohibited without prior written permission.

LINKS

This site contains links to third party sites. Hemi-Sync is not responsible or liable for the content of any such sites, or for the content of any sites that may be linked to this site. Links are provided for your convenience only and you access them at your own risk. The inclusion of any link on this site does not imply endorsement by Hemi-Sync of the site.

Third parties that wish to place a link on their website to a Hemi-Sync web page may not do so without Hemi-Sync’s prior consent. In addition, any such approved links must refer to our company name or product names only in a plain text font and format and must follow our general trademark guidelines.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy disclosures relating to the collection and use of your personal information.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. When you place an order or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DISCLAIMERS

THE CONTENT OF THIS SITE AND THE SOFTWARE IT IS BASED ON OR INCORPORATES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. HEMI-SYNC MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIAL AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT SITE CONTENT IS FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES OR ANY THEORY OF LAW SHALL HEMI-SYNC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, EVEN IF HEMI-SYNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES WHERE LIMITATIONS OF LIABILITY ARE NOT ALLOWED OR ARE LIMITED, HEMI-SYNC’S LIABILITY IN SUCH STATES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Although Hemi-Sync has made every effort to display products and their colors as accurately as possible, the displayed colors of products will depend upon the monitor of the user, and Hemi-Sync cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Customers should view actual products before making purchasing decisions.

While many of our Hemi-Sync® products contribute to wellness, they are not intended to replace medical diagnosis and treatment. DO NOT listen to Hemi-Sync® while driving or operating heavy equipment, or with other devices that may influence brain-wave activity. If you have a tendency towards seizures, auditory disorders, or adverse mental conditions(s), DO NOT listen to Hemi-Sync® without first consulting your physician. In the unlikely event that you experience any unusual physical or mental discomfort, immediately discontinue use. DO NOT reproduce Hemi-Sync® products or use with Dolby® or other noise-reduction systems. Doing so will diminish the effectiveness of the Hemi-Sync® signals. ALL PRODUCT WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

JURISDICTION

This site is controlled and operated by or on behalf of Hemi-Sync from Virginia. Hemi-Sync does not represent or warrant that any site materials are appropriate or available for use in other locations. If you choose to access the site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

CHOICE OF LAW

These Terms shall be governed by and construed in accordance with the laws of Virginia, as it is applied to agreements entered into and performed within that state. Any action brought to enforce this Agreement or matters related to this site shall be brought in either the state or federal courts of Virginia. If any provision is deemed void, unlawful, or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of these Terms shall remain in force. These Terms contain the entire agreement between you and MP regarding the subject matter hereof.

INDEMNIFICATION

Upon Hemi-Sync’s request, you agree to defend, indemnify, and hold harmless Hemi-Sync, its officers, directors, employees and agents, and affiliates from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) which Hemi-Sync may become obligated to pay arising or resulting from your use or misuse of the site material or your breach of these Terms. Hemi-Sync shall use reasonable efforts to provide notice to you of any such action or claim and reserves the right to assume or participate, at its expense, and to assume control over, the investigation, settlement and defense of any such action or claim, in which event, you agree to cooperate with Hemi-Sync.

BINDING ARBITRATION

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT, AND EQUITABLE CLAIMS) AGAINST HEMI-SYNC, its agents, employees, successors, assigns, or affiliates, arising from or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Hemi-Sync advertising, or any relate purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (“NAF”) under its Code of Procedure then in effect. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute or controversy between you and Hemi-Sync. The arbitration shall be held in a mutually agreed upon location in person, by telephone, or online. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF.

MOBILE MESSAGES

Hemi-Sync’s mobile message service (the “Mobile Service”) is operated by Interstate Industries, Inc. ( “Hemi-Sync”, “we”, or “us”). Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Mobile Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Hemi-Sync via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to cancel at any time. You’ll receive a one-time opt-out confirmation text message. For Mobile Service support or assistance, email interstate@hemi-sync.com.

We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.