Terms & Conditions – Omni Stimulator – Most Affordable tDCS Kit

Omni Stimulator. TERMS & CONDITIONS OF SALE

Please do not purchase the Omni Stimulator before agreeing to the terms below.

NOTE:

These Terms of Sale apply to purchases made from Omni, Inc. by phone, email or the internet. These Terms of Sale (“Agreement”) apply to your purchase of products and/or services and support (collectively “Product”) sold by Omni Stimulator. By placing your order, you accept and are bound to the terms of this Agreement. If you have placed an order but do not wish to be subject to these Terms of Sale, you must promptly cancel your order before it enters production for a refund.

1. Payment;

Payments will be made via PayPal/Credit Card for a safe and secure transaction. You do no need a PayPal account to purchase the Omni tDCS kit to secure your purchase.

2. Not For Resale or Export

You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own internal use only, and not for resale or export.

3. Shipping Charges; Import Taxes; Risk of Loss

Shipping charges are FREE Globally. Loss or damage that may occur in transit is Omni Stimulator’s responsibility. Please notify Omni Stimulator within 30 days of any missing package or damage to the unit that may have happened in transit. Please note you are responsible for any duty or custom fees.

4. 365 DAY RETURN POLICY

We’re so confident that you will be happy with your Omni Stimulator that for any reason if you are not getting what you feel you paid for please sent the item back for a full refund within 365 days of the purchase date. Please contact us through our website and organize your delivery method to us. On inspection that all items are there you will receive your full refund from Omni.

5. WARNING

DO NOT USE ANY ELECTRONIC DEVICES SOLD BY OMNI STIMULATOR IF YOU HAVE A HISTORY OF EPILEPSY, OR ANY METALIC OR ELECTRONIC IMPLANTS SUCH AS A PACEMAKER OR A HEART RATE MONITOR. ADDITIONALLY, DO NOT USE ANY ELECTRONIC DEVICES SOLD BY OMNI STIMULATOR IF YOU ARE UNDER THE AGE OF 18 (EIGHTEEN) YEARS OLD.

6. Not A Medical Device

THE PURCHASER AND ALL USERS UNDERSTAND AND AGREE THAT ALL OMNI STIMULATOR’S SOLD ARE NOT PROFESSIONAL MEDICAL DEVICES, NOR HAVE THEY BEEN APPROVED BY THE FOOD THE FDA. THE OMNI STIMULATOR MAKES NO CLAIM THAT ANY KIT SOLD TREATS, PREVENTS, OR CURES ANY ILLNESS. THE USER ALSO AGREES THAT HE/SHE CONSULT THEIR PHYSICIAN REGARDING THE POTENTIAL BENEFITS AND RISKS OF tDCS. PROPER SAFETY PROTOCOLS FOR tDCS INCLUDING MAKING SURE THAT ALLIGATOR/CROCODILE CLIPS DO NOT MAKE DIRECT CONTACT WITH THE SKIN IS THE USERS RESPONSIBILITY.

7. 365 DAY LIMITED WARRANTY

Omni Stimulator warrants the electronic devices and other products manufactured by Omni Stimulator (for purposes of this section, the “Omni Stimulator Manufactured Products”), and only the Omni Stimulator Manufactured Products, against defects in materials and workmanship under normal use for a period of ONE YEAR (365) days from the date of retail purchase by the original purchaser (“Warranty Period”). Under this Limited Warranty, if a hardware defect arises and a valid claim is received by Omni Stimulator within the Warranty Period, at its option and to the extent permitted by law, Omni Stimulator will either (1) repair the Omni Stimulator Manufactured Products at no charge, using new or refurbished replacement parts or (2) exchange the Omni Stimulator Manufactured Products with new or refurbished Omni Stimulator Manufactured Products. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. A replacement Omni Stimulator Manufactured Product or part assumes the remaining warranty of the original Product or 5 years from the date of replacement or repair, whichever is longer. When a Omni Stimulator Manufactured Product or part of the Omni Stimulator Manufactured Product is exchanged, any replacement item becomes your property and the replaced item becomes Omni Stimulator’ property. Parts provided by Omni Stimulator in fulfillment of its warranty obligation must be used in Omni Stimulator Manufactured Products for which warranty service is claimed. Instructions to Obtain Warranty Service: To obtain warranty service, you must first contact Omni Stimulator directly, then deliver the Omni Stimulator Manufactured Product, freight prepaid, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Omni Stimulator. In accordance with applicable law, Omni Stimulator may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. The Limited Warranty does not apply to any (a) products and services other than the Omni Stimulator Manufactured Product, (b) non-Omni Stimulator hardware products, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Omni Stimulator Manufactured Product or embedded in the Omni Stimulator Manufactured Product. Refer to any licenses accompanying the software for details of your rights with respect to its use. Omni Stimulator does not warrant that the operation of the Omni Stimulator Manufactured Product will be uninterrupted or error-free. Omni Stimulator is not responsible for damage arising from failure to follow instructions relating to the Omni Stimulator Manufactured Product’s use. This warranty does not apply to a Omni Stimulator Manufactured Product or part of the Omni Stimulator Manufactured Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not an authorized representative of Omni Stimulator or if the Omni Stimulator Manufactured Product is coupled or connected to any device, or inserted or installed in a system, not provided by Omni Stimulator. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Omni Stimulator products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Omni Stimulator Manufactured Product outside the permitted or intended uses described by Omni Stimulator or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not an authorized representative of Omni Stimulator. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. This Limited Warranty does not cover the cost of returning the Omni Stimulator Product to Omni Stimulator; this is your responsibility. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, THE WARRANTY OF NON-INFRINGEMENT, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES OF OMNI STIMULATOR, AND IT NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR OMNI STIMULATOR ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OF THE PRODUCTS. THIS LIMITED WARRANTY STATES THE EXCLUSIVE AND SOLE REMEDY, WHETHER FOR BREACH OF WARRANTY, CONTRACT, OR IN TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) AND THE ENTIRE EXTENT OF OMNI STIMULATOR’ LIABILITY FOR DEFECTIVE OR INOPERATIVE PRODUCTS. IN NO EVENT SHALL OMNI STIMULATOR BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS ARE VOIDED OR ARE NOT EFFECTIVE, OMNI STIMULATOR’ LIABILITY FOR DAMAGES, IF ANY, SHALL NOT EXCEED THE PAYMENTS MADE TO OMNI STIMULATOR FOR THE PRODUCTS. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state to state.

8. ASSUMPTION OF RISK

YOU THE PURCHASER AND ALL USERS (COLLECTIVELY THE “USER”) IS AWARE OF THE INHERENT RISKS OF INJURY, INVOLVED IN TRANSCRANIAL DIRECT CURRENT STIMULATION (“tDCS”), INCLUDING WITHOUT LIMITATION RISKS DUE TO, EXPOSURE TO ELECTRICAL CURRENTS APPLIED IN tDCS. USER IS AWARE OF THE RISKS OF INJURY AND PROPERTY DAMAGE THAT MAY RESULT FROM, AMONG OTHER CAUSES, THE ACTIVE OR PASSIVE NEGLIGENCE OF OMNI STIMULATOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”), INCLUDING WITHOUT LIMITATION THE RISK OF DEFECTS IN THE DESIGN OR MANUFACTURE OF THE PRODUCT OR THE ABSENCE OF WARNINGS OR INSTRUCTIONS REGARDING PROPER USE OF THE PRODUCT FOR tDCS PROCEDURES. USER IS VOLUNTARILY ENGAGED IN tDCS WITH KNOWLEDGE OF THE RISKS OF INJURY, AND OTHER RISKS, AND ASSUMES ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY AND PROPERTY DAMAGE THAT MAY RESULT FROM USE OF THE PRODUCT FOR tDCS.

9. RELEASE OF LIABILITY

USER RELEASES RELEASED PARTIES FROM ALL LIABILITY TO USER AND USER’S PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO THIS AGREEMENT OR TO USE OF THE PRODUCT, WHETHER THE INJURY, DEATH, OR PROPERTY DAMAGE RESULTS FROM USE OF THE PRODUCT FOR tDCS OR ANY OTHER PURPOSE. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. USER BEARS SOLE RESPONSIBILITY FOR ANY LOSS.

10. KNOWING AND VOLUNTARY AGREEMENT

USER ACKNOWLEDGES THAT USER HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS CONTENTS, AND UNDERSTANDS THAT THIS AGREEMENT INCLUDES AN ASSUMPTION OF THE RISK OF THE RELEASED PARTIES’ NEGLIGENCE AND A RELEASE OF THEIR LIABILITY. USER ACKNOWLEDGES THAT OMNI STIMULATOR IS MATERIALLY RELYING ON THIS WAIVER.

11. Governing Law; Jurisdiction

This Agreement shall be governed by and enforced in accordance with appropriate state laws.

12. Limitation of Actions

No action, regardless of form, arising out of or in any way connected with any of the transactions under this Agreement or the articles sold hereunder may be brought by you or any user of the Product more than one year after such cause of action shall have accrued.

13. Entire Agreement

This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties with respect hereto. The express terms hereof control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof.

14. Dispute Resolution and Binding Arbitration

YOU AND OMNI STIMULATOR ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN USER AND OMNI STIMULATOR, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “Omni Stimulator”) arising from or relating in any way to the purchase or use of Product, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), Omni Stimulator’ advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in Florida. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) (or a substitute forum if AAA is unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. User agrees to an arbitration on an individual basis. In any dispute, NEITHER USER NOR OMNI STIMULATOR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Omni Stimulator will be responsible for initial payment of all arbitration/arbitrator fees. The arbitrator may apportion arbitration fees and award reasonable fees under the standards for fee shifting provided by law. Information on AAA rules is available at the following telephone number and URL: American Arbitration Association, (800) 778-7879, www.adr.org.