Terms and Conditions

COMPANY agrees to sell you the HFA Traveler for the amount of $297.00 plus tax.

RETURN POLICY: RETURNS ARE NOT PERMITTED. ALL SALES ARE FINAL.

Prohibited Uses. You agree not to reverse engineer the HFA Traveler or to use the HFA Traveler for any purpose that is prohibited by law.

Limited Warranty. COMPANY provides the following limited warranty for the HFA Traveler. COMPANY warrants that the HFA Traveler will perform substantially as described in any COMPANY materials that accompany the HFA Traveler. This limited warranty does not cover problems that you cause, or that arise when you fail to follow our instructions, or that are caused by events beyond COMPANY’s reasonable control. The limited warranty starts on the date of this Agreement and lasts for one year. Any replacement HFA Traveler that you may receive from COMPANY during that year is also covered, but only for the remainder of that one-year period or for 30 days, whichever is longer. Transferring the HFA Traveler will not extend the term of the limited warranty. COMPANY gives no other express warranties, guarantees, or conditions. COMPANY EXCLUDES ALL IMPLIED WARRANTIES, IINCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOUR LOCAL LAW DOES NOT ALLOW COMPANY’S EXCLUSION OF IMPLIED WARRANTIES, THEN ANY IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY AND ARE LIMITED AS MUCH AS YOUR LOCAL LAW ALLOWS. IF YOUR LOCAL LAW REQUIRES A LONGER LIMITED WARRANTY TERM DESPITE THIS AGREEMENT, THEN THAT LONGER TERM WILL APPLY, BUT YOU CAN RECOVER ONLY THE REMEDIES THAT ARE DESCRIBED IN THIS AGREEMENT. If COMPANY breaches its limited warranty, your only remedy is the repair or replacement of the HFA Traveler. We also have the option to refund you the price you paid for the HFA Traveler instead of repairing or replacing it, and prior to refund, you must return the HFA Traveler to COMPANY with proof of purchase. If COMPANY breaches this limited warranty, you may not recover consequential damages, lost profit, or special, direct, or incidental damages. The damage exclusions and limitations in this Agreement apply even if repair, replacement, or a refund for the HFA Traveler do not fully compensate you for any losses COMPANY knew or should have known the possibility. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, SO THOSE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF YOUR LOCAL LAW ALLOWS YOU TO RECOVER OTHER DAMAGES FROM COMPANY EVEN THOUGH COMPANY DOES NOT, YOU CANNOT ECOVER MORE THAN IS OTHERWISE PERMITTED BY THIS AGREEMENT.

Non-Harassment. You will not, directly or indirectly, in public or private, defame, libel, or slander COMPANY or any of COMPANY’s employees, subcontractors, officers, members of its board of directors, or agents, nor will you assist any other person or entity in doing so. You agree that COMPANY is entitled to remove and upon receipt of written notice from COMPANY immediately will remove from public display on an Internet website or webpage owned, operated, or otherwise controlled by you any content of any review of COMPANY or any of COMPANY’s employees, subcontractors, officers, members of its board of directors, or agents that: (1) contains the personal information or likeness of another person, or is harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (2) is unrelated to the goods or services offered by or available at your website or webpage; or (3) is clearly false or misleading. You acknowledge that any breach of this section by you will cause COMPANY irreparable harm for which COMPANY will have no adequate remedy at law. As a result, COMPANY will be entitled to the issuance of an injunction, restraining order, or other equitable relief in COMPANY’s favor restraining you from committing or continuing any such violation. Any right to obtain an injunction, restraining order, or other equitable relief hereunder will not be deemed a waiver of any right to assert any other remedy which COMPANY may have under this Agreement or otherwise at law or in equity. COMPANY will not be required to furnish a bond or other undertaking in connection any such application for equitable or injunctive relief nor will COMPANY be required to provide you with advance notice prior to making any such application.

Medical Disclaimer. You agree that the HFA Traveler is for recreational purposes only, is not a medical device, and that no medical advice is offered by or in connection with the HFA Traveler.

Indemnification. You agree to and will indemnify and hold harmless COMPANY, its members, managers, employees, agents, and subcontractors from and against all claims, lawsuits, including those brought by third parties or you, including reasonable attorney’s fees, and losses asserted against and alleged to be caused by or on behalf of COMPANY’s performance, negligent performance, or failure to perform its obligations under this Agreement.

Exculpatory Clause. You agree that COMPANY is not an insurer and no insurance coverage is offered herein. COMPANY is not assuming liability, and therefore will not be liable to you for any loss, injury, or damage sustained by you as a result of any cause whatsoever, regardless of whether such loss, injury, or damage was caused by or contributed to by COMPANY’s negligent performance, failure to perform any obligation, or strict products liability. You release COMPANY from any claims for contribution, indemnity, or subrogation.

Limitation of Liability. You agree that should there arise any liability on the part of COMPANY as a result of COMPANY’s negligent performance to any degree, failure to perform any of COMPANY’s obligations, or strict products liability, that COMPANY’s liability will be limited to the lesser of the sum you paid COMPANY for the HFA Traveler or $250.

Legal Action. This Agreement and our respective obligations will be governed by the laws of the State of New York. Any litigation relating to this Agreement or between us must be commenced and maintained exclusively in any court of competent jurisdiction located in Nassau County, State of New York, or Fairfield County, State of Connecticut. We agree to waive trial by jury in any dispute between us. You agree that any claim not asserted by you against COMPANY within 1 year after its accrual will be time barred.

ARBITRATION/CLASS ACTION WAIVER. AS A CONDITION OF THIS AGREEMENT, YOU AND COMANY (AND OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, AND SUCCESSORS AND ASSIGNS) AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING INVOLVING US. YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL VOLUNTARILY AND KNOWINGLY, AND FREE FROM DURESS OR COERCION. YOU UNDERSTAND THAT YOU HAVE A RIGHT TO CONSULT WITH A PERSON OF YOUR CHOOSING, INCLUDING AN ATTORNEY, BEFORE ACCEPTING THIS AGREEMENT. YOU AND COMPANY AGREE THAT WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU UNDERSTAND THAT INSTEAD OF SUING OR BEING SUED IN COURT, YOU AND COMPANY MAY SETTLE DISPUTES BY ARBITRATION. THE RULES IN ARBITRATION ARE DIFFERENT. THERE’S NO JUDGE OR JURY, THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS, AND OTHER DISCOVERY IS GENERALLY MORE LIMITED THAN IN COURT PROCEEDINGS, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT AS A COURT WOULD. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND COMPANY, INCLUDING BUT NOT LIMITED TO THE SCOPE OF THIS ARBITRATION CLAUSE AND ISSUES OF ARBITRABILITY, OR ANY DISPUTE RELATING TO THIS AGREEMENT OR BASED ON A FEDERAL OR STATE STATUTE (EXCEPT WHERE PROHIBITED BY LAW), MAY, AT THE OPTION OF EITHER YOU OR COMPANY, BE RESOLVED BY ARBITRATION ADMINISTERED BY ARBITRATION SERVICES, INC. UNDER ITS CONSUMER ARBITRATION RULES, WHICH ARE INCORPORATED BY REFERENCE AS IF SET FORTH FULLY HEREIN AND AVAILABLE AT WWW.ARBITRATIONSERVICESINC.COM, AND MAY BE REQUESTED BY LETTER TO ARBITRATION SERVICES, INC., 7600 JERICHO TURNPIKE, SUITE 402, WOODBURY, NEW YORK 11797, BY FAX AT (516) 364-3456, OR BY TELEPHONE AT (516) 364-1730. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. YOU AGREE THAT THE ARBITRATION PROVISION CONTAINED HEREIN MAY BE ENFORCED BY ANY EMPLOYEE, AGENT, ATTORNEY, MEMBER, MANAGER, OFFICER, SUBSIDIARY, AFFILIATE ENTITY, SUCCESSOR, OR ASSIGN OF COMPANY AND BY ANY PARTY TO A LAWSUIT IN WHICH YOU AND COMPANY ARE PARTIES.

Full Agreement/Severability. This Agreement constitutes the full understanding of the parties herein and may not be amended or modified or canceled except in writing signed by all parties. Should there arise any conflict between this Agreement and any other document preceding it, this Agreement will govern. If any provision of this Agreement is deemed invalid or unenforceable as written, it will be construed, to the greatest extent possible, in a manner which will render it valid and enforceable, and any limitation on the scope or duration of any such provision necessary to make it valid and enforceable will be deemed to be part thereof. Should any provision of this Agreement be deemed void, all other provisions will remain in effect.

CALIFORNIA PROPOSITION 65 WARNING: THE HARMONIC FIELD AMPLIFIER TRAVELER MAY CONTAIN A CHEMICAL OR CHEMICALS KNOWN TO CAUSE CANCER OR BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM.

Non-Exclusive Subscription. We do not sell our Software or your copy of it. We only offer access to it through the AquaSync online platform (“AquaSync”) on a subscription basis. In exchange for a recurring monthly or yearly fee to be charged to your credit card, we grant you the right to access the Software (except Navitus, which is currently free to access), which is available through AquaSync. The fee schedule for access to the Software is posted on our website and is subject to change. Access to the Software through AquaSync is for use by one person at a time, and only if you comply with all the terms of this Agreement. In this Agreement, “Device” means a hardware system (whether physical or virtual) capable of running the Software.

Restrictions. COMPANY reserves all rights not expressly granted in this Agreement. In particular, this subscription does not give you the right to, and you may not: rent, lease, lend, or transfer access to the Software or AquaSync (except as permitted by this Agreement), attempt to circumvent technical protection measures in the Software or AquaSync, or reverse engineer, decompile, or disassemble the Software or AquaSync, except if the laws where you live permit this even when our Agreement does not. In that case, you may only do what your law allows. COMPANY reserves the right to limit or restrict your access to the Software and AquaSync if COMPANY reasonably determines such a course of action to be necessary.

Updates. COMPANY may on occasion update the Software and AquaSync.

Transfer. You may not transfer your access to the Software or AquaSync to another user.

Limited Warranty. COMPANY provides the following limited warranty for the Software and AquaSync. COMPANY warrants that the Software will perform substantially as described in any COMPANY materials that accompany this Software or AquaSync. This limited warranty does not cover problems that you cause, or that arise when you fail to follow our instructions, or that are caused by events beyond COMPANY’s reasonable control. The limited warranty starts when you first access use of the Software, and lasts for one year. Any supplements, updates, or replacement Software during that year are also covered, but only for the remainder of that one-year period or for 30 days, whichever is longer. Transferring access to the Software or AquaSync will not extend the term of the limited warranty. COMPANY gives no other express warranties, guarantees, or conditions. COMPANY EXCLUDES ALL IMPLIED WARRANTIES, IINCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOUR LOCAL LAW DOES NOT ALLOW COMPANY’S EXCLUSION OF IMPLIED WARRANTIES, THEN ANY IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY AND ARE LIMITED AS MUCH AS YOUR LOCAL LAW ALLOWS. IF YOUR LOCAL LAW REQUIRES A LONGER LIMITED WARRANTY TERM DESPITE THIS AGREEMENT, THEN THAT LONGER TERM WILL APPLY, BUT YOU CAN RECOVER ONLY THE REMEDIES THAT ARE DESCRIBED IN THIS AGREEMENT. If COMPANY breaches its limited warranty, your only remedy is the repair or replacement of the Software. We also have the option to refund you the price you paid for access to the Software instead of repairing or replacing it. If COMPANY breaches this limited warranty, you may not recover consequential damages, lost profit, or special, direct, or incidental damages. The damage exclusions and limitations in this Agreement apply even if repair, replacement, or a refund for the Software do not fully compensate you for any losses COMPANY knew or should have known the possibility. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, SO THOSE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF YOUR LOCAL LAW ALLOWS YOU TO RECOVER OTHER DAMAGES FROM COMPANY EVEN THOUGH COMPANY DOES NOT, YOU CANNOT ECOVER MORE THAN IS OTHERWISE PERMITTED BY THIS AGREEMENT.

Non-Harassment. You will not, directly or indirectly, in public or private, defame, libel, or slander COMPANY or any of COMPANY’s employees, subcontractors, officers, members of its board of directors, or agents, nor will you assist any other person or entity in doing so. You agree that COMPANY is entitled to remove and upon receipt of written notice from COMPANY immediately will remove from public display on an Internet website or webpage owned, operated, or otherwise controlled by you any content of any review of COMPANY or any of COMPANY’s employees, subcontractors, officers, members of its board of directors, or agents that: (1) contains the personal information or likeness of another person, or is harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (2) is unrelated to the goods or services offered by or available at your website or webpage; or (3) is clearly false or misleading. You acknowledge that any breach of this section by you will cause COMPANY irreparable harm for which COMPANY will have no adequate remedy at law. As a result, COMPANY will be entitled to the issuance of an injunction, restraining order, or other equitable relief in COMPANY’s favor restraining you from committing or continuing any such violation. Any right to obtain an injunction, restraining order, or other equitable relief hereunder will not be deemed a waiver of any right to assert any other remedy which COMPANY may have under this Agreement or otherwise at law or in equity. COMPANY will not be required to furnish a bond or other undertaking in connection any such application for equitable or injunctive relief nor will company be required to give advance notice of any application for such relief.

Medical Disclaimer. You agree that the Software and AquaSync are for recreational purposes only, is not a medical device, and that no medical advice is offered by or in connection with the Software or AquaSync.

Indemnification. You agree to and will indemnify and hold harmless COMPANY, its members, managers, employees, agents, and subcontractors from and against all claims, lawsuits, including those brought by third parties or you, including reasonable attorney’s fees, and losses asserted against and alleged to be caused by or on behalf of COMPANY’s performance, negligent performance, or failure to perform its obligations under this Agreement.

Exculpatory Clause. You agree that COMPANY is not an insurer and no insurance coverage is offered herein. COMPANY is not assuming liability, and therefore will not be liable to you for any loss, injury, or damage sustained by you as a result of any cause whatsoever, regardless of whether such loss, injury, or damage was caused by or contributed to by COMPANY’s negligent performance, failure to perform any obligation, or strict products liability. You release COMPANY from any claims for contribution, indemnity, or subrogation.

Limitation of Liability. You agree that should there arise any liability on the part of COMPANY as a result of COMPANY’s negligent performance to any degree, failure to perform any of COMPANY’s obligations, or strict products liability, that COMPANY’s liability will be limited to the lesser of the sum you paid COMPANY for your subscription to the Software and AquaSync or $250.

Legal Action. This Agreement and our respective obligations will be governed by the laws of the State of New York. Any litigation relating to this Agreement or between us must be commenced and maintained exclusively in any court of competent jurisdiction located in Nassau County, State of New York, or Fairfield County, State of Connecticut. We agree to waive trial by jury in any dispute between us. You agree that any claim not asserted by you against COMPANY within 1 year after its accrual will be time barred.

ARBITRATION/CLASS ACTION WAIVER. AS A CONDITION OF THIS AGREEMENT, YOU AND COMANY (AND OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, AND SUCCESSORS AND ASSIGNS) AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING INVOLVING US. YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL VOLUNTARILY AND KNOWINGLY, AND FREE FROM DURESS OR COERCION. YOU UNDERSTAND THAT YOU HAVE A RIGHT TO CONSULT WITH A PERSON OF YOUR CHOOSING, INCLUDING AN ATTORNEY, BEFORE ACCEPTING THIS AGREEMENT. YOU AND COMPANY AGREE THAT WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU UNDERSTAND THAT INSTEAD OF SUING OR BEING SUED IN COURT, YOU AND COMPANY MAY SETTLE DISPUTES BY ARBITRATION. THE RULES IN ARBITRATION ARE DIFFERENT. THERE’S NO JUDGE OR JURY, THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS, AND OTHER DISCOVERY IS GENERALLY MORE LIMITED THAN IN COURT PROCEEDINGS, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT AS A COURT WOULD. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND COMPANY, INCLUDING BUT NOT LIMITED TO THE SCOPE OF THIS ARBITRATION CLAUSE AND ISSUES OF ARBITRABILITY, OR ANY DISPUTE RELATING TO THIS AGREEMENT OR BASED ON A FEDERAL OR STATE STATUTE (EXCEPT WHERE PROHIBITED BY LAW), MAY, AT THE OPTION OF EITHER YOU OR COMPANY, BE RESOLVED BY ARBITRATION ADMINISTERED BY ARBITRATION SERVICES, INC. UNDER ITS CONSUMER ARBITRATION RULES, WHICH ARE INCORPORATED BY REFERENCE AS IF SET FORTH FULLY HEREIN AND AVAILABLE AT WWW.ARBITRATIONSERVICESINC.COM, AND MAY BE REQUESTED BY LETTER TO ARBITRATION SERVICES, INC., 7600 JERICHO TURNPIKE, SUITE 402, WOODBURY, NEW YORK 11797, BY FAX AT (516) 364-3456, OR BY TELEPHONE AT (516) 364-1730. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. YOU AGREE THAT THE ARBITRATION PROVISION CONTAINED HEREIN MAY BE ENFORCED BY ANY EMPLOYEE, AGENT, ATTORNEY, MEMBER, MANAGER, OFFICER, SUBSIDIARY, AFFILIATE ENTITY, SUCCESSOR, OR ASSIGN OF COMPANY AND BY ANY PARTY TO A LAWSUIT IN WHICH YOU AND COMPANY ARE PARTIES.

Full Agreement/Severability. This Agreement constitutes the full understanding of the parties herein and may not be amended or modified or canceled except in writing signed by all parties. Should there arise any conflict between this Agreement and any other document preceding it, this Agreement will govern. If any provision of this Agreement is deemed invalid or unenforceable as written, it will be construed, to the greatest extent possible, in a manner which will render it valid and enforceable, and any limitation on the scope or duration of any such provision necessary to make it valid and enforceable will be deemed to be part thereof. Should any provision of this Agreement be deemed void, all other provisions will remain in effect.