The Products and Applications are owned by Behavioral Physiology Institue, and the terms “we”, “us”, “our” and “Behavioral Physiology” refer to Behavioral Physiology Institute LLC. The terms “you” and “your” refer to users of the Products and Applications (each a User).
The Terms contain warranty disclaimers and other provisions that limit our liability to you. Please read these Terms carefully before using any of our Products or Applications whether you have sourced them from our Site or from a 3rd party provider. Please contact us if you have any questions at info@brehavioralPhys.com
You accept these Terms by purchasing and/or using our Products, Services, or Site (collectively referred to as our Services). Your purchase and/or use of our Services indicate that you have had sufficient opportunity to access these Terms and contact us, that you have read, accepted and will comply with these Terms and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You accept and are bound by these Terms if you purchase and/or use our Services whether or not you have been introduced to our Services by a third party link or other third party advertising. If you do not agree to these Terms, please do not purchase or use our Services.
2. Basis of Sale
These Terms and your order set out the whole agreement between you and us for the supply of the Products and Applications.
A contract begins on the date that you make your purchase or use our Products or Applications (whichever is first), and continues unless and until the contract is terminated in accordance with the Terms.
By purchasing our Products or Services, you warrant that you are legally capable of entering into binding contracts; you are at least 18 years old or if you are under 18 years old then you have the consent of your parent or guardian; all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; and your use of the Site, our Products or Applications does not violate any applicable law or regulation.
You may order with us through our website and or by phone. We may at our discretion accept or reject an order depending on our ability to validate payment for the product or service.
It is your responsibility to check the order details, including the product and pricing, before you complete your order on our Site.
There may be products of third parties which may be used in conjunction with our Products and Services (Third Party Products). Any Third Party Products are not, to the extent permitted by law, our responsibility, and we do not warrant the quality, safety or fitness for purpose of any Third Party Products. We recommend you obtain and read all third party product information, sales terms and conditions and operation manuals before using any Third Party Products.
4. Amendment of Terms
The Terms may be amended without notice from time to time in our sole discretion, and will be available on the Site. We will provide you with prior notice, where possible. Your continued use of our Products and Applications following any amendments indicates that you accept the amendments.
You should check the Terms regularly, prior to using our Products and Applications, to ensure you are aware of any changes, and only proceed to use our Products and Applications if you accept and will comply with the new Terms. If any modification is unacceptable to you, you can choose to cease to use our Products and Applications. If you are a member, you can terminate this agreement by providing notice to us.
Third Party Products disclaimer: To the extent permitted by law, we accept no liability in respect of Third Party Products and give no warranties or endorsement in respect of these. Without limiting the rights and remedies available to consumers under US Consumer Law, we exclude all implied conditions and warranties and any guarantees in respect of Third Party Products not expressly stated in these Terms.
Information disclaimer: The information contained in the Products and Applications is for general information purposes only. The information is provided by Behavioral Physiology Institute and its vendors and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products and Applications, for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Not advice disclaimer: Our Site, Products or Applications are not an attempt to practice medicine or provide medical advice. It is not to be used or relied on for any diagnostic or treatment purposes. Use of this Site, Products, Applications, or Learning Services does not establish a doctor-patient relationship. They should not be used as a substitute for professional diagnosis and treatment. Any health information in the Site, Products, Applications, Learning Services, whether provided by Behavioral Physiology Institute or by contract from an outside servicer, is provided simply for your convenience. The Site, Products, Applications, Learning Services and support materials are intended for general information purposes only. They do not take into account your own personal circumstances. They are not intended to be advice, they are not intended to be relied upon and they are not a substitute for professional medical advice based on your personal circumstances.
Healthcare disclaimer: The Site, Products, Learning Services, and support materials may support the relationship between you and your healthcare provider, but are not intended to replace it. They should not be used as a substitute for professional diagnosis and treatment. If you suffer from any health conditions please consult with your health practitioner prior to using the Products and Applications.
Use Guidance and Disclaimer: The Applications are designed to be used, sitting down undisturbed. Do not attend to instrumentation while you are driving a car or operating machinery, as they may distract you from tasks that require your concentration for purposes of safety.
Cease use disclaimer: While unlikely, it is possible that some people who use the Products and earning services may feel discomfort. If while using the Products or Learning Services, you feel discomfort, speak to your health practitioner regarding your concerns before continuing.
Treatment disclaimer: Do not make changes to any current treatments or medications you are using without referring to your health practitioner.
No representations and warranties: We are not liable or responsible for any actions taken due to you having used, read or been told about the Site, Products and Learning services. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information, other materials and information published on the Site, or any Product and Service provided.
The price and description of services of our Services, and payment methods are Identified on the website. All transactions on our Site are processed in the currency specified in US currency at the time of transaction
In the absence of fraud or mistake, all payments made are final and you shall not have the right to cancel your purchase for any reason and further you agree to satisfy all such payments made, with exception to action taken under the Refund Policy set out below.
If you make a payment by credit card, you warrant that the information you provide to us is true and complete, that you are authorized to use the credit card to make the payment, that your payment will be honored by the card issued, and that you will maintain sufficient funds in your account to cover the purchase price.
Nothing prevents us from taking any action necessary to recover any unpaid purchase price. If payment for services provided is not complete your information will be passed on for collection and or legal action. You acknowledge and agree that you are liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If you at any time exceed our payment terms and as a result are passed on for collection and or legal action, we may place a default against you with a credit reporting agency. Our pricing structure or payment methods may be amended from time to time in our sole discretion.
7. Intellectual Property and Copyright
Our Products and Services contain material which is owned by or licensed to us (or our affiliates and/or third party licenser's as applicable), and is protected by US law, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Products or Service materials.
Intellectual Property includes all code, algorithms, copyright, fees, pricing, trade marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Behavioral Physiology Institute (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; registered and unregistered trademarks and service marks including products or services names and images; trade, business company or organization names; Internet domain names; and products or service content, images and layout.
You agree that, as between you and us, we own all intellectual property rights in the Products, application of products, services, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. We own the copyright, product names, service content which subsists in all creative and literary works displayed on the Site, products or service applications.
Users do not obtain any interest or license in the Intellectual Property without the express written permission of the owner. Users may not interfere with or breaches intellectual Property rights.
You must not print, publish, modify, link to or distribute any content from the Site, Products or services or any other documentation that we provide to you, unless we have authorized to do so in writing.
You must not breach copyright or intellectual property rights, including but not limited to, that you must not:
Republish, copy, distribute, transmit or publicly display material from our Site, Products, or services, except using social media buttons to share blog content when indicated by the presence of social media share icons on the Site;
alter or modify any of the code or the material on the Site, Products or services;
cause any of the Site, Products or services to be framed or embedded in another website;
create derivative works from the content of the Site, Products or Applications; or
use our Site, Products or Services for commercial purposes.
8. End User License Agreement
Behavioral Physiology Institute grants you a limited, non-exclusive, royalty-free, revocable, non-transferable document to use the Site, products, or services for your personal, non-commercial use, as contemplated by the Site, Products or Applications, in accordance with the Terms, and not to use the Site, Products or services in any other way or for any other purpose, apart from local fair dealing legislation.
The Products, services, and Site are not intended for the user’s commercial use. All other uses, other than personal use, are prohibited without our prior written consent.
The Site, Products and Services contain and/or embody copyright material, proprietary material and/or other intellectual property of Behavioral Physiology Institute and/or its licensors. All right, title and ownership in the Site, Products, and Services remain with Behavioral Physiology Institute and/or its licensors, as applicable. The rights to use the Products and Services are licensed to you and are not being sold to you, and rights iare limited in use in accordance with this License Agreement and our Terms.
9. User Warranties and Conditions
As a condition of your use of the Site, Products or Services, you warrant that:
you are 18 years of age or older or if you are under 18 years old then you have the consent of your parent or guardian; have the legal capacity to enter these Terms and form a binding contract; and that you have read, understood and agree to comply with these Terms, before using our Products and Services; and
you possess the legal authority to enter into the Terms and to use the Site, Products or Applications in accordance with the Terms.
As a condition of your use of our Site, Products or Services, you agree:
(a) to abide by the Terms;
(b) not to provide the Products or Applications to any third party;
(c) that Behavioral Physiology Institute has the right to refuse you any and all current or future use of the Site and
(d) that Behavioral Physiology Institute reserves the right to include or exclude entry to, or remove a User from the Site.
You agree to:
Not interfere with or inhibit any user from using the Products or Services;
Not attempt to or tamper with, hinder or modify the Products or Services, knowingly transmit viruses or other disabling features, or damage or interfere with the Products or Services, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Products or Services;
Not use the Products or Services for any purpose or in any way which is contrary to the Terms or which is unlawful, including but not limited to breaching intellectual property rights; modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Products or Services; or facilitate or assist another person to do any of the above acts.
We reserve the right to refuse you use of the Products or Services for any reason whatsoever at our sole discretion.
11. Security Policy
When purchasing from Behavioral Physiology Institute, your financial details are not stored by us. You will be forwarded to a 3rd part provider who uses 128-bit SSL (secure sockets layer) encryption technology to complete the transaction before being returned to the Site. User information is stored securely. If we are aware of a breach of security, we will notify affected users and take action to prevent and stop breaches.
Upon termination and or completion of the Terms and services, Behavioral Physiology will have no further obligation to, and will cease to, provide the Products or Services to you. The accrued rights, obligations and remedies of the Parties are not affected by the termination or completion of the Terms and service agreement.
13. Refund Policy
All instruments are checked for working order before being shipped to the renter. If a Service to a consumer is disrupted as a result of rental instrument problems that occur when the instrument is under your care, you agree to notify us immediately and stop use until you receive instructions from us. Very often we can fix instrument issues quickly by meeting with you over the Internet using shareware. To solve technology issues with rental instrumentation you agree to use our shareware and coordinate a time to meet during mountain time hours between 9am-7:00pm with the main office to evaluate and solve the rental the problem when possible. If the problem with the instrument is minor and can be fixed by us over the Internet there is no cost to you. In cases when a rental instrument problem is complex you agree to cover return shipping and insurance of the instrument to our main office as specified by our main office and shipping back to you. We will try to fix the instrument at our office at no cost to you unless otherwise stated. If we can not solve the issue, the instrument will then be sent out to the manufacturer for assessment. You agree to incur repair costs as quoted by the manufacture in addition to the manufacturer assessment cost, shipping and insurance as specified by us in all cases to return the instrument to original working order.
While equipment is in manufacture care a hold can be placed on your service and re-instated when another instrument is available for your use at which time the hold can be released. You agree that the decision to put a hold on a rental service is determined by us with your input. You agree that while an instrument is being assessed for damage and repair a replacement product may be sent to you when available, as determined by us. Although it has never happened, if the instrument can not be fixed by the manufacturer then you agree to purchase the instrument for its full value. Services may be discontinued as a result of instrument damage and you may receive a refund for the remaining unused service after repairs and costs are paid for by you. When instrument damage effects the ability to make use of additional services as purchased those services may also be put on a hold or canceled as determined by us and cost considerations. Our maximum liability to you or any third party is limited to the cost of the service you ordered.
14. Limitation of Liability
To the full extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and applicable local consumer law.
The Site, Products and Services are provided on an ‘as is’ basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Site, Products and Services. We assume no liability or responsibility for any errors or omissions in the content of the Site, Services, any failures, delays, or interruptions in the provision otherwise not stated here or in additional service agreements provided to you. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Site, Products or Services to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Site or in the Products and Services unless otherwise provided in additional service agreements by us. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Site, Products and Applications. We make no warranties or representations that your use of content and information posted on this Site and in the Products and Services will not infringe rights of third parties.
As a condition of using the Site, Products, and Services, and in consideration of the Products provided by us, we exclude and you agree that we will not be liable to you or any third party for any direct, indirect, incidental, special, incidental, exemplary, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs, under any legal theory including without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages, but including those resulting directly or indirectly from, or otherwise arising in connection with:
the use of the Site, Products or Services by you, including but not limited to damages resulting from or arising from your reliance on the Site, Products or Services, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the site;
the content of any Product, Application, or provider mentioned or recommended therein;
the breach, or alleged breach, of any warranty, express or implied, relating to any transaction; or
government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control.
You agree that we shall not be liable for any damages arising from any interruption, suspension or termination of the Site.
If, despite the limitations above, Behavioral Physiology Institute is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law the liability of the relevant Behavioral Physiology Institute will in no event exceed, the cost of the Produce or Service that you have purchased.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Behavioral Physiology Institute.
We do not warrant that our Products or Services will be error free, that any manufacture defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site, Products, or Services will operate on a continuous basis or be available at any time.
Due to the nature of our Services, it is not possible to guarantee, and we do not warrant that the Site, Products or Services will be free of interruption or free from intrusion or hacking by third parties.
By using the Site, Products or Services, you agree to defend and indemnify and hold us (and our related bodies consultants, owner, and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
your use of or access to the Site, Products or Services;
any breach by you of these Terms;
any willful, unlawful or negligent act or omission by you; and
any violation by you of any applicable laws or the rights of any third party.
This defense and indemnification obligation will survive these Terms and your use of the Site, Products or Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
You may only use the Site, Products or Services for lawful purposes and in a manner consistent with the nature and purpose of the Site, Products or Services. By using the Site, Products or Services, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site, Products or Applications.
If you breach the Terms, we reserve the right to block you from the Site, Products or Applications, and to enforce our rights against you.
If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.
Enforceability: If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.
Termination: The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
Assignment: We may transfer our rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
Disputes: You agree to use your best endeavors to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. All previous written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own inquiries before entering into the Terms.
Jurisdiction: Your use of the Site, Products or Services and any dispute arising out of your use of it is subject to the laws of the USA. You irrevocably and unconditionally submit to the jurisdiction of the Courts of the USA, for determining any dispute concerning the Terms.
General: If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
Contact details and notices:
Behavioral Physiology Institute
Mailing address: P.O. Box 612, Santa Fe, NM 87504 ǀ Email: info@BheavioralPhysiology.com
Last update: 8 May 2018
* These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a medical condition, consult your physician before using this product.
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