The Attention TrainerTM System

LIMITED WARRANTY

I. Applicability of Limited Warranty
 

The Attention Builders, LLC (“The Attention Builders”) warrants that the Covered Products identified in this Limited Warranty Statement shall be free from defects in material and workmanship for such period of time as is identified in Paragraph IV below. This limited warranty is valid for Covered Products sold in the United States only and is extended to the original consumer purchaser (“Purchaser”) only from the date of the original purchase.

 

II. Products covered under this Limited Warranty (the "Covered Products")
 
  1. The Attention Trainer™ Headset and Base Station, excluding sensors. ("Hardware"); and
  2. Sensors; and
  3. The following software (collectively referred to as "Software"):
  • The Attention Trainer software desktop application;
  • BreakAway Racer™ Game; and
  • Other game titles as may be included with The Attention Trainer system;
  • Regimen Editor and WaveView Pro software.

 
III. Products that are specifically excluded by this Limited Warranty
 
  1. Any software, save for the Software identified in Paragraph II above, licensed or provided by The Attention Builders that is used to operate, or used in connection with, the Hardware, including, but not limited to, the games included in The Attention Trainer™ system.
  2. Any pads, cables, power cords, and/or batteries provided with the Hardware or Software.

 
IV. Duration of Warranty
 
  1. For Hardware and Sensors, Purchaser is entitled to warranty coverage from The Attention Builders during the entire period that a given hardware component or Sensor included in Covered Products is under warranty from its respective manufacturer. The individual hardware components and Sensor of the Covered Products may each have its own unique warranty period and terms and conditions, including Duration of Warranty.
  2. The Duration of the Limited Warranty of the principle original Hardware and Sensor manufacturers of Covered Products at the current time are as follows: (“Applicable Warranty Period”).
  • Circuit Boards - 12 months from the date of the original purchase;
  • Headset and Base Station - 12 months from the date of the original purchase;
  • Sensors - 90 days from the date of the original purchase.

The terms and conditions, including the Duration of the Warranty, of original manufacturers’ warranties are subject to change without notice. As a result, The Attention Builders reserves the right to modify the terms and conditions, including the Applicable Warranty Periods, of this Limited Warranty without notice to accommodate such changes. Updated and additional information on Applicable Warranty Periods and other terms and conditions are available through The Attention Builders Customer Service Number.

    3. The Attention Trainer Software is covered by this warranty for a period of ninety (90) days from the date of         the original grant of the applicable license, which date is the same as the date of the original purchase.

 
V. Our obligations under this Limited Warranty
 
  1. HARDWARE: IF, DURING THE APPLICABLE WARRANTY PERIOD, ANY COVERED PRODUCT OR ANY COMPONENT OR PART THEREOF IS FOUND, IN THE SOLE AND REASONABLE JUDGMENT OF THE ATTENTION BUILDERS, TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, SUCH COVERED PRODUCT OR COVERED COMPONENT OR PART THEREOF WILL, AT THE ATTENTION BUILDERS’ SOLE DISCRETION, EITHER BE REPLACED OR REPAIRED BY THE ATTENTION BUILDERS, THE ORIGINAL MANUFACTURER, OR BY A SERVICE DEALER APPROVED AND APPOINTED BY MANUFACTURER OR THE ATTENTION BUILDERS. REPAIR PARTS OR REPLACEMENT PRODUCTS WILL BE PROVIDED ON AN EXCHANGE BASIS, AND THESE PARTS OR PRODUCTS WILL EITHER BE NEW OR REFURBISHED TO BE FUNCTIONALLY EQUIVALENT TO NEW.
  2. SENSORS: IF, DURING THE APPLICABLE WARRANTY PERIOD, ANY SENSOR IS FOUND, IN THE SOLE AND REASONABLE JUDGMENT OF THE ATTENTION BUILDERS, TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, SUCH SENSOR WILL, AT THE ATTENTION BUILDERS’ SOLE DISCRETION, EITHER BE REPLACED OR REPAIRED BY THE ATTENTION BUILDERS, THE ORIGINAL MANUFACTURER, OR BY A SERVICE DEALER APPROVED AND APPOINTED BY MANUFACTURER OR THE ATTENTION BUILDERS. REPAIR PARTS OR REPLACEMENT PRODUCTS WILL BE PROVIDED ON AN EXCHANGE BASIS, AND THESE PARTS OR PRODUCTS WILL EITHER BE NEW OR REFURBISHED TO BE FUNCTIONALLY EQUIVALENT TO NEW.
  3. SOFTWARE: THE SOFTWARE IS NOT SOLD TO THE PURCHASER, USER OR PLAYER OF THE COVERED PRODUCTS, BUT IS LICENSED TO THE ORIGINAL PURCHASER PURSUANT TO A SOFTWARE LICENSE AGREEMENT SOLELY FOR USE BY PURCHASER WITH HARDWARE SOLD BY THE ATTENTION BUILDERS. THE ATTENTION BUILDERS WARRANTS TO THE PURCHASER ONLY THAT THE SOFTWARE CONFORMS TO ITS STATED SPECIFICATIONS AND THE MEDIA UPON WHICH THE SOFTWARE IS PROVIDED IS FREE FROM MANUFACTURING DEFECTS. UPON PROMPT NOTICE OF A CLAIM WITHIN THE WARRANTY PERIOD, THE ATTENTION BUILDERS WILL, AT ITS SOLE DISCRETION, PROVIDE FIXES, UPGRADES, OR PATCHES IF AVAILABLE, REPLACE DEFECTIVE MEDIUM OR REFUND SUMS PAID FOR SUCH SOFTWARE.

 
VI. Warranty Limitations
 

This Limited Warranty shall not apply if the Covered Product is: (a) used with products and/or software not sold or licensed by The Attention Builders (including, but not limited to, non-licensed game enhancement and copier devices, adapters, and power supplies); (b) resold (c) modified or tampered with; (d) damaged by negligence, accident, unreasonable use, or by other causes unrelated to defective materials or workmanship; or (e) has had the serial number altered, defaced, or removed in any way.

 
VII. Purchaser's obligations under this Limited Warranty
  The Purchaser is entitled to the benefits of this warranty only if the date of purchase is registered at point of sale or if the Purchaser can demonstrate to the satisfaction of The Attention Builders and warranting manufacturer that the Covered Product was purchased within the Applicable Warranty Period. Please retain the original or a legible photocopy of your dated sales receipt to clearly establish the date of purchase for in-warranty repairs or replacements.

The Attention Builders will accept returns only from the Purchaser under the following conditions: (1) Purchaser must promptly contact The Attention Builders Customer Service to request a return, and Purchaser must receive written authorization from The Attention Builders prior to making a return. Authorization includes an RMA number, an address to which to send the returned Covered Product and any special shipping instructions; 2) The Purchaser must provide the original packing slip, a sales receipt, or a clear copy of the packing slip or sales receipt showing the date of purchase; 3) All returns must be postmarked within the Applicable Warranty Period; and, 4) The Attention Builder recommends you ship your return via UPS or another shipping service with tracking capabilities. The Attention Builders will not accept responsibility for lost packages and no credit can be given for lost returns. Freight charges are the responsibility of the Purchaser.

Opened software with broken licensing agreement seals cannot be resold and therefore cannot be returned independently of the rest of The Attention Trainer system. (Note: software can only be returned if defective according to warranty conditions.)

For information and authorization on returns, contact Customer Service at 1-804-342-5888.

 
VIII. DISCLAIMERS
  THE FOREGOING IS THE COMPLETE WARRANTY FOR THE COVERED PRODUCTS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. THE ATTENTION BUILDERS SPECIFICALLY MAKES NO WARRANTY THAT THE PURCHASER, USER OR PLAYER OF THE COVERED PRODUCTS WILL ATTAIN ANY PARTICULAR RESULT OR LEVEL OF PERFORMANCE USING THE COVERED PRODUCTS. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO THE COVERED PRODUCTS AND THE ATTENTION BUILDERS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, INCLUDING TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. IN THE EVENT THAT ANY WARRANTY TERM IS IMPLIED BY APPLICABLE LAW AND SURVIVES THIS DISCLAIMER BY VIRTUE OF ANY APPLICABLE LAW, ANY SUCH IMPLIED WARRANTY IS STRICTLY LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD. ACCORDINGLY, ANY IMPLIED WARRANTIES ARE DISCLAIMED IN THEIR ENTIRETY AFTER THE EXPIRATION OF THE APPLICABLE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE ATTENTION BUILDERS’ OBLIGATIONS UNDER THIS WARRANTY ARE STRICTLY AND EXCLUSIVELY LIMITED TO THE REMEDIES STATED IN PARAGRAPH V ABOVE, AND THE ATTENTION BUILDERS DOES NOT ASSUME OR AUTHORIZE ANYONE TO ASSUME FOR THEM ANY OTHER OBLIGATION.

UNDER NO CIRCUMSTANCES WILL THE ATTENTION BUILDERS BE LIABLE TO THE PURCHASER, OR TO ANY USER OR PLAYER OF THE COVERED PRODUCTS OR SOFTWARE, FOR ANY DAMAGES, EXPENSES, LOST REVENUES, LOST SAVINGS, LOST PROFITS, LOSS OF TIME, LOSS OF DATA, INCONVENIENCE, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE, OR INABILITY TO USE THE COVERED PRODUCTS OR SOFTWARE EVEN IF THE ATTENTION BUILDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

This Limited Warranty gives Purchaser specific legal rights, and Purchaser may also have other rights that vary from state to state.

 
IX. ASSIGNMENT AND MODIFICATION OF THIS LIMITED WARRANTY
  The Attention Builders may, in its sole discretion, assign this Limited Warranty or any part thereof to any other party whatsoever. The Attention Builders may, in its sole discretion, modify any of the terms or conditions of this Limited Warranty without notice.


ATTENTION TRAINER FEATURES AND PRICING