Sensory Speed: Enabling Athletes To Improve Their Athletic And Academic Performance Through Training The Eyes, Brain & Body. Along with Fitness, Nutrition & Accountability Coaching For Long Term Health & Wellness
Sensory Speed, Inc. Terms & Conditions
Last Updated: December 7th, 2017

These Terms & Conditions Sensory Speed, Inc. and its affiliates, subsidiaries and parent companies (collectively, “Sensory Speed”, “us”, “we” or “our”) are happy to give the person accessing the site and/or registering for our services (in either case “you” or “your”) access to use our websites, applications, content, products, equipment, services, promotions, software, technology and any other materials (collectively, “Sensory Speed Services”) that we may provide. Please read these Terms & Conditions carefully before using any Sensory Speed Service.

Your access to and use of the Sensory Speed Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use our Services.

Sensory Speed Services are not directed to persons under the age of 13 (children). We do not knowingly collect personal information from children under 13. If you are 17 years of age or younger then you can only access our services with the involvement of your parent or guardian.

We may amend this agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our websites when such changes occur. All revisions will be effective for new users immediately upon being posted to the Sensory Speed Services; however, for existing users, the applicable revisions shall go into effective 30 days after posting unless otherwise stated.

These Terms & Conditions and Privacy Policy (available here) form a legally binding agreement between you and Sensory Speed, and govern your access and use, and our provision of, the Sensory Speed Services and any other services on which these Terms & Conditions are posted. By using the Sensory Speed Services you agree to be bound and abide by these Terms & Conditions, Privacy Policy, and all Amendments. If you do not agree to these Terms & Conditions, please do not use or access the Sensory Speed Services.

Purchases
If you choose to purchase any product or service available through the Sensory Speed Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you provide us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Copyrights, Trademarks & Intellectual Property
Unless otherwise noted, all material including without limitation, any logos, names, designs, text, images, photographs, videos, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom are owned by Sensory Speed, Inc. or its affiliates. You understand that you gain no rights, title, or interest in or to any Sensory Speed Services, and nothing should be construed as granting, by implication, estoppel or otherwise, any license or right to use Intellectual Property displayed or used in our services, except as stated in these Terms or any executed written agreement between you and Sensory Speed.

Limited License
For any Sensory Speed Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Sensory Speed Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE, except as otherwise stated in a separate written agreement between you and Sensory Speed.

 

Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Sensory Speed Services. We may experience delays in updating information on our Services and in our advertising on other websites. The information found on our Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Sensory Speed Services and we cannot guarantee the accuracy or completeness of any information found on them.
Therefore, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts
By creating an account with us, you guarantee that you are at least 18 years of age, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

Third Party Services and Content
Our Services may contain content from third-party websites, services, and/or materials owned and operated by parties other than Sensory Speed. These links are provided for your reference only. Sensory Speed has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. Our inclusion of Third-Party content does not imply any endorsement, sponsorship, affiliation or association by Sensory Speed. The Third-Party Content belongs to the authors or providers of the Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Sensory Speed Services. Sensory Speed does not guarantee the accuracy, completeness, or usefulness of any third-party content on any Sensory Speed Service. You acknowledge and agree that Sensory Speed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Disclaimer of Warranties
The sensory speed services, including without limitation, any products, goods, services, websites, applications, content and advice or information are provided “as is” and “as available”, with all faults, and without performance assurances or guarantees of any kind. We disclaim any and all warranties, conditions, and representations, express or implied, regarding the Sensory Speed Services, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and satisfactory quality. You agree to use the Sensory Speed Services at your sole risk.

You will not hold Sensory Speed or its third-party service providers, licensors and suppliers responsible for any loss or damage that results from your access to or use of the Sensory Speed Services, including but not limited to any loss or damage to any of your computers or data, as the Sensory Speed Services may contain bugs, errors, problems or other limitations.

 

Indemnification
You agree that in no event shall Sensory Speed, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any claim, action, demand, loss, suit, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your improper use of any Sensory Speed Services, your violation of these Terms, or your violation of any rights of a third party.

 

Limitation of Liability
To the maximum extent permitted by law, In no event shall Sensory Speed or its directors, employees, partners, service providers, licensors, suppliers, or affiliates, be liable for any indirect, incidental, consequential or punitive damages, including without limitation, lost profits, data, information, privacy, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Sensory Speed Services; (ii) any conduct or content of any third party on the Sensory Speed Services; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Additionally, the maximum liability of Sensory Speed and its service providers, licensors and suppliers to you under all circumstances will be limited to the amount paid, if any, by you in the last ninety (90) days to Sensory Speed for any Sensory Speed services. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Sensory Speed and you. The Sensory Speed services would not be provided without such limitations. Sensory Speed will not be liable for the failure to perform any obligation under these terms if such failure is caused by the occurrence of any unforeseen circumstance beyond its reasonable control, including, without limitation, internet outages, communications outages, fire, flood, or war.

 

User Conduct
We aim to take a common sense approach to the general code of conduct on the Sensory Speed Services but you acknowledge and agree that you will not:
  • Use a false email address, impersonate others, or misrepresent your affiliation with others;
  • ​Try to gain unauthorized access to computer systems or content through the Sensory Speed Services;
  • ​Use information gathered from or through the Sensory Speed Services in a way that may confuse or mislead consumers (for example, gathering information to set up a site that looks like a Sensory Speed site);
  • ​Attempt to contact other members through the Sensory Speed Services or use any information from the Sensory Speed Services with the intention to make a private arrangement that would otherwise be made using the Sensory Speed Services;
  • ​Interrupt, negatively impact or alter the Sensory Speed Services in anyway;
  • ​Modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create, derivative works from, transfer, or sell or re-sell any information, content, software, or materials obtained from or through the Sensory Speed Services, other than in accordance with the terms or the license for the item; or
  • ​Use the Sensory Speed Services or any of the content in a way that violates the law, that violates the intellectual property or other rights of us or others, or that is fraudulent, unprofessional, offensive, misleading or defamatory.
Our Guarantee
Most of our products and services carry a specific money back guarantee, starting from the date that the product or service is delivered or supplied to you. Please review the information provided with your product/service for specific details.

 

Shipping
We will make reasonable efforts to ship your products within the timeframe we provided to you at the time of purchase. Please note that any timeframes we provide are good faith estimates and may be subject to change. We will not be liable beyond refunding your purchase price if there is a delay in delivering your product(s).

 

Returns/Damage or Loss
It is the customer’s responsibility to examine merchandise carefully upon receipt. Claims for shortage or damaged goods must be made within 10 days of the delivered date. Merchandise can only be returned during the first 30 days from the invoice date and only after receiving a return authorization number. This number may be obtained by calling our Customer Service Department at (408) 513-3407. We are not responsible for returns we do not receive. Products that come with a money back guarantee will receive a refund of the purchase price (as long as the requirement have been met), less applicable shipping and handling, unless stated otherwise. In some cases, you may also be responsible for paying to ship any products back to us.

Products (not services) may be returned during the first 30 days, but there is a 15% restocking fee to do so. We will only allow the return of unused products, unless a product is found to be defective upon first use. All products must be returned in their original packaging. Special ordered products are marked and are not returnable. All software is also non-returnable unless otherwise stated in that specific products money back guarantee. If items eligible for return are found to be missing parts, or are in non-resellable condition, then they will be returned to the customer.

 

Subscription-Based Products
We offer certain products and services on a subscription basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew on a month to month basis, in some cases, after an initial term (Quarterly or Yearly). You acknowledge and agree your subscription will automatically renew, and unless you cancel or change plans, you authorize us to charge your payment card for the products/services you purchased, plus applicable shipping, handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you may or may not receive a notice from us that your free trial period has ended. You may modify or cancel your subscription by calling Customer Support at (408) 513-3407. Any modifications or cancellation of your subscription must be received by us at least thirty (30) days prior to the next scheduled payment/ship date in order to take effect for that period. If you cancel less than thirty (30) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.

 

The Sensory Speed Services Do Not Constitute Medical Advice
Although Sensory Speed has registered doctors on staff, and provides its products and services with your health and safety in mind, it is important that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any Sensory Speed Services, especially if you have an injury (eye or physical), are prone to injuries, or have any other unique or special medical conditions. The Sensory Speed Services are provided for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment. The information made available on or through the Sensory Speed Services should not be relied upon when making medical decisions. Your use of any Sensory Speed Services does not create a doctor-patient relationship between you and Sensory Speed.

 

Assumption of Risk
You acknowledge and agree that your access, use and/or involvement with any Sensory Speed Services may involve potentially dangerous and physical and visual activities that may lead to personal and/or bodily injury, death, loss of services, loss of consortium, or damage to or loss of property or privacy. In addition, you understand that you may experience symptoms, including without limitation: convulsion, eye or muscle twitching, loss of awareness, involuntary movements, disorientation, or dizziness from performing the various exercises. If you have ever had a blackout or seizure it is critical that you do not use the strobe glasses that apart of certain Sensory Speed Services. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Sensory Speed from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Sensory Speed Services.

 

Governing Law
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding Sensory Speed Services, and supersede and replace any prior agreements we might have had between us regarding the Sensory Speed Services.