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Privacy Policy | Warranty Information | Terms and Conditions | Terms of Use
Terms and Conditions
Please read this document carefully. The terms and conditions in this document
constitute the entire agreement between Wellnesstools and you for the sale of
products. By ordering the product you agree to be Bound by these terms and conditions.
If you do not agree to these terms and Conditions, please do not order this product.
DISCLAIMER:
THE NEURAL FX MODULES, NEUROTREK DIGITAL PRO AND CELGEN
AND ALL OTHER OFFERINGS ARE NOT INTENDED FOR THE DIAGNOSIS, TREATMENT, CURE,
MITIGATION, OR PREVENTION OF DISEASE. THE NEURAL FX MODULES, NEUROTREK DIGITAL
PRO, CELGEN, LIGHT/SOUND MACHINES, AND CERTAIN OTHER OFFERINGS ARE NOT RECOMMENDED
FOR USE BY PERSONS WITH: ON-DEMAND PACEMAKERS, HISTORY OF SEIZURES, OR PREGNANT
WOMEN.
Wellnesstools products are sold for learning, self-improvement and
simple relaxation. No statement made on our website… no information provided
by our employees… no manufacturer's literature sometimes enclosed in our packaging…
should be construed as a medical claim or representation that the products are
intended for the diagnosis, cure, mitigation, treatment or prevention of disease
or any other medical condition. Only a licensed medical provider can
do this and you should contact such a practitioner if you have any doubts
or have a medical condition. Our products are not medical devices and
cannot be relied upon to supply medical benefits. We assume no liability
risk involved in the use of the products we offer. We make no warranty, expressed
or implied, other than the materials conform to applicable standard specifications.
All information contained herein is for educational purposes only. No health claims
are intended and statements made here have not been evaluated or approved by
the U.S. Food and Drug Administration. If you have a medical condition or if you
seek medical advice, please consult your health care professional.
Our products are designed for avocational and recreational purposes.
No medical claims are made for these products, express or implied. They are
not medical devices and should not be used for the relief of any medical condition.
Please consult with your licensed medical practitioner prior to use for any
other purpose as the devices are not intended as a replacement for medical or
psychological treatment. Our products are not intended to affect the structure
or any function of the human body. These products are not approved for any purpose
by the FDA.
HARDWARE
Wellnesstools, warrants to the original end user ("Customer")
that purchases a product new from Wellnesstools or its authorized retailer that
the Wellnesstools Neural Fx hardware product (i.e. NeuroTrek Digital Pro, Single
Function Neural FX Series or CelGen), but not the accessories, carry
case or any other associated product ("Product") will be free from defects in
workmanship and materials, under normal intended use, for thirty (30) days from
the date of original purchase. Other offerings are covered by their respective
Manufacturer's Warranty and Return policy. Wellnesstools's sole obligation under
this express warranty shall be, at Wellnesstools option and expense to replace
the Product or part with a comparable product or part, repair the Product or
part, or if neither repair nor replacement is reasonably available, Wellnesstools
may, in its sole discretion, refund to Customer the purchase price paid for
the Product or part. Replacement Products or Parts may be new or reconditioned.
All Products or parts that are replaced become the property of Wellnesstools.
Wellnesstools shall not be responsible for Customer's or any third party's software,
firmware, information, or memory data contained in, sorted on, or integrated
with any Products returned to Wellnesstools for repair, whether under warranty
or not.
Wellnesstools shall not be liable under this warranty if its testing and examination disclose
that the alleged defect in the Product does not exist or was caused by misuse,
neglect, improper installation or testing, unauthorized attempts to open, repair, or
modify the Product, or any other cause beyond the range of the intended use, or by
accident, fire, lightning, other hazards, or acts of God. This warranty does not cover
physical damage to the surface of the Product, including cracks or scratches on the
outside casing. This warranty does not apply when the malfunction results from the
use of this Product in conjunction with any unauthorized products and Wellnesstools
determines that there is no fault with the Product itself.
WARRANTIES EXCLUSIVE.
TO THE EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND
REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER EXPRESS OR
IMPLIED TERMS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
LIMITATION OF LIABILITY.
TO THE FULL EXTENT ALLOWED BY LAW, WELLNESSTOOLS ALSO EXCLUDES FOR ITSELF AND
ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE),
FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR FOR
LOSS OF REVENUE, PROFITS, BUSINESS, DATA, OR OTHER FINANCIAL LOSS ARISING IN CONNECTION
WITH THE PRODUCT OR ITS USE, EVEN IF WELLNESSTOOLS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND LIMITS IT LIABILITY TO REPLACEMENT, REPAIR, OR REFUND OF
THE PURCHASE PRICE PAID, AT WELLNESSTOOLS OPTION.
Notice to Customers. Some countries, states, or provinces do not allow the
exclusion or limitation of implied warranties or the limitation of incidental
or consequential damages in some cases, so the above limitations and exclusions
may be limited in their application to you. When the implied warranties cannot
be excluded in their entirety, they will be limited to the duration of the applicable
written warranty and to the extent permitted by law.
GENERAL
Export Restrictions.
You must not export or re-export the Product or accompanying documentation
(or any copies thereof) in violation of any applicable laws or regulations of the
United States or the country in which you obtained them.
Governing Law.
This Agreement shall be governed by the laws applying in the State of Colorado
as such laws are applied to agreements entered into and to be performed
entirely within Colorado between Colorado residents. The conflicts of laws
principles of such laws and the United Nations Convention on Contracts for the
International Sale of Goods (1980) are hereby excluded in its entirety from
Application to this Agreement.
Severability.
In the event any provision of this Agreement is found to be invalid, illegal or
unenforceable, the validity, legality and enforceability of any of the remaining
provisions shall not in any way be affected or impaired and a valid, legal and
enforceable provision of similar intent and economic impact shall be substituted
therefore.
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