Terms and Conditions
Terms and Conditions
Please read this document carefully. The terms and conditions in this document constitute the entire agreement between Lemuria Technologies, LLC 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.
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.
Lemuria Technologies, LLC 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.
Lemuria Technologies, LLC, warrants to the original end user (“Customer”) that purchases a product new from Lemuria Technologies, LLC or its authorized retailer that the Lemuria Technologies, LLC 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. Lemuria Technologies, LLC’s sole obligation under this express warranty shall be, at Lemuria Technologies, LLC 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, Lemuria Technologies, LLC 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 Lemuria Technologies, LLC. Lemuria Technologies, LLC 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 Lemuria Technologies, LLC for repair, whether under warranty or not.
Lemuria Technologies, LLC 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 Lemuria Technologies, LLC determines that there is no fault with the Product itself.
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, Lemuria Technologies, LLC 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 Lemuria Technologies, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS IT LIABILITY TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT Lemuria Technologies, LLC 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.
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.
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.
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.