PLEASE READ THE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS SITE OR PURCHASING ANY PRODUCTS THEREIN. This site is free to use by our visitors.
And by using this site, you the user are agreeing to comply with and be bound
include their own disclaimers and terms which you agree and are bound to
through purchasing and/or otherwise utilizing such products or services.] After
reviewing the following terms and conditions thoroughly, if you do not agree to
the terms and conditions, please do not use this site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (Agreement) with respect to our site http://www.nirvanicmind.com/ (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products, or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
3. Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
4. Indemnification. You agree to indemnify, defend and hold us, our officers, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
5. Disclaimer. THE CONTENT, SERVICES, AND PRODUCTS FROM OR LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, PRODUCT, OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
6. Medical Disclaimer. DO NOT LISTEN TO ANY BRAINWAVE ENTRAINMENT PRODUCTS WHILE DRIVING, OPERATING MACHINERY, OR DURING ANY OTHER TASK THAT REQUIRES YOUR FULL ATTENTION TO MAINTAIN THE SAFETY OF YOURSELF AND THOSE AROUND YOU. PLEASE BE AWARE THAT ANYONE ELSE THAT MAY BE ABLE TO VIEW, READ, OR LISTEN TO THIS SITE OR ITS PRODUCTS OR SERVICES AS A RESULT OF YOUR UTILIZATION OF THE SITE, SERVICES, OR PRODUCTS, MAY BE AFFECTED IN SOME WAY. (THIS MAY INCLUDE LISTENING TO A PRODUCT MP3 WITH SPEAKERS SO THAT OTHERS MAY HEAR IT, VIEWING VIDEOS WHERE OTHERS MAY VIEW IT, VIEWING THE SITE WHERE OTHERS MAY VIEW IT, OR MAKING ANY OF THE SITE, PRODUCTS OR SERVICES AVAILABLE TO ANYONE ELSE, WHETHER KNOWINGLY OR NOT. YOU AGREE TO BE FULLY LIABLE AND RESPONSIBLE FOR ANY AND ALL RESULTS THAT MAY OCCUR. All products and features on this Site are designed soley for self-improvement, relaxation, and experimentation. They are not intended for or to replace any medical or psychological treatment and should not be viewed as such, and no medical claims are intended, expressed, or implied in any way. You agree to accept any and all responsibility through your use of the Site, products, and services. Any individual under the close supervision of a physician or mental health practitioner should consult them prior to any brainwave entrainment. Individuals with the following (but not limited to, and whether knowingly or not): epilepsy, prone to seizures, or those who are photosensitive should consult a physician prior to use of any photic brainwave entrainment (flashing light) as this has been known to cause seizures in a very small percentage of people. Other individuals that should consult a physician before using our products are children under the age of 18, individuals under the influence of medication or drugs, pregnant woman, and those with pacemakers. Nirvanic Mind products are not to be used under the influence of alcohol or other mood-altering substances. Purchase and or use of Nirvanic Mind products is to be construed as full agreement of the user to this disclaimer.
7. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
8. Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked Websites will apply to you while on such Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked Websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
9. Third-Party Products and Services. We advertise third-party linked websites from which you may purchase or otherwise obtain certain products or services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
10. Submissions. All suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
11. General. You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any products, or services obtained by you through such use, shall be litigated in the circuit court of Los Angeles County, California or the United States District Court for the Central District of California. you are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Los Angeles, California or the central district of California is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by Nirvanic Mind LLC, in the State of California, USA. As such, the laws of California will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
Return Policy. We maintain a conditional 60-day return policy on all products except customized sessions and distance energy healing sessions. On all "pre-packaged" products, you agree to try out the product(s) for a full 30 days before writing to us requesting a refund. You understand that this is to ensure ample time is given to let the product create the desired change. You also understand that for some individuals change is immediate, while for some it may take days, or weeks, and for a rare few, even longer. You agree to use the product as directed and if you are unsure about how to use a particular product or have any concerns, you will notify us via the Contact Us page, (support department), within the first 30 days so that we may provide assistance so that you may enjoy the product as it was intended. After 30 days, if you request a refund, we will provide it accordingly.
Customized Sessions. All customized sessions are non-refundable. You acknowledge this fact before ordering any such session and agree to a 50% surcharge to any cancelled customized session before completion to compensate the company for all time and labor involved.
Distance Energy Healing Session. All Distance Energy Healing Sessions are non-refundable. You acknowledge this fact before ordering any such session and agree to a 50% surcharge to any Distance Energy Healing Session cancelled anytime later than 2 hours prior to the scheduled session date and time to compensate the company for all time and labor involved. You agree and understand that none of these sessions or any other products is intended to diagnose, treat, cure, or prevent any disease. You also agree and understand that energy work of any kind is never guaranteed and each individual responds differently and in their own time.
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