Welcome! The following are terms of a legal agreement between you and Advanced Biotechnologies, LLC (ABT) By using this product you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with application laws and regulations.
Copyright & Patents
BioCharger® is a registered trademark with the USPTO and other International Agencies. The BioCharger.com
web site and its contents are copyright protected intellectual property © 2013-2021 Advanced Biotechnologies, LLC. All rights reserved. There are currently several patents in place with USPTO and other international agencies specifically assigned to the BioCharger NG.
The BioCharger NG is not a medical device and is not intended for use in the diagnosis or treatment of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or other conditions, in man or other animals. USE OF THIS PRODUCT IS AT YOUR (AND ANY OTHER USER’S) SOLE RISK AND YOU ACKNOWLEDGE THAT IT IS NOT A REPLACEMENT FOR MEDICAL TREATMENT. USE OF THIS PRODUCT IS ALSO SUBJECT TO THE EXPRESS CONDITION THAT YOU AGREE, AS A CONDITION OF YOUR PURCHASE AND USE OF THE BIOCHARGER NG, TO REFRAIN FROM MAKING, STATING, PUBLISHING OR RE-PUBLISHING, PRINTING OR RE-PRINTING, POSTING OR RE-POSTING, ADVERTISING, REPRESENTING, MARKETING OR OTHERWISE CLAIMING IN ANY WAY TO ANY THIRD PARTY ANY STATEMENTS CONTRARY TO THE ABOVE DISCLAIMER. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY STATEMENTS OR COMMUNICATIONS, WRITTEN OR ORAL, THAT YOU MAKE TO ANY THIRD PARTY OF, OR RELATING TO, THE PURPOSE AND/OR EFFICACY OF THIS PRODUCT WILL COMPLY WITH THE ABOVE CONDITION AND WILL BE ACCOMPANIED BY A RECITATION OF THE ABOVE DISCLAIMER AS FOLLOWS: “The BioCharger NG is not a medical device and is not intended for use in the diagnosis or treatment of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or other conditions, in man or other animals.”
LIMITATION OF LIABILITY
You have purchased and operate the BioCharger NG with myCloud services at your own discretion and risk. You will be solely responsible for (and ABT disclaims) any and all loss, liability or damages resulting from your use (or use by others affiliated with or related to you in any way) of the Product and/or Subscription Service. IN NO EVENT WILL ABT OR ANY OF ITS AFFILIATES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE OF ANY TYPE WHATSOEVER RELATED TO, OR ARISING FROM, OPERATION OR USE OF THIS PRODUCT BY YOU OR OTHERS.
End User License Agreement
End User License AgreementBy using the software (“Product Software”) that is embedded on the BioCharger product (“Product”), you agree to the terms of this End User License Agreement (“EULA”) between you and Advanced Biotechnologies, LLC. (“ABT” or “we” or “us”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING ABT AT THE ADDRESS BELOW. Your use of: (a) the web sites located at BioCharger.com, MyCloud.BioChargerNG.com and sub-domains (each, a “Site”), (b) services provided through a Site (and any updates thereto) (“Site Services”), and (c) certain software that may be downloaded to your mobile device (and any updates thereto) (“Mobile Software”) is governed by these terms of usage. Your purchase of the Product (excluding the Product Software) is governed by the ABT limited warranty, the terms of which are provided with the Product. This EULA governs your use of the Site, Site Services, or Mobile Software, but not your purchase of the Product (excluding the Product Software). The Product purchase and warranty are governed by the terms provided with the sales invoice. This EULA governs your access and use of the Product Software. This EULA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFTWARE AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OFTHE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT SOFTWARE.
AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT SOFTWARE AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM..
Subject to the terms of this EULA, ABT grants to you a limited and nonexclusive license (without the right to sub-license) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, or service oriented business purposes.
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party, (b) copy or use the Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product Software on any
device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact ABT and provide ABT an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Product Software to any third party without prior written approval of ABT for each such release.
3. Automatic Software Updates.
ABT may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Product Software and you agree to promptly install any Updates ABT provides. Your continued use of the Product is your agreement to this EULA.
The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of ABT and its licensors. ABT and its licensors reserve all rights in and to the Product Software not expressly granted to you in this EULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback provided by you to ABT with respect to the Product Software shall be ABT’s property. ABT may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that ABT does not waive any rights to use similar or related ideas previously known to ABT, developed by its employees, or obtained from other sources.
5. Open Source.
Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the OpenSource Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, ABT makes such Open Source Software, and ABT’s modifications to that Open Source Software, available by written request to ABT at the email or mailing address listed below.
6. Term and Termination.
This EULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for a period of one (1) year thereafter(“Initial License Period”) unless this EULA is terminated or extended under this section. ABT may terminate this EULA and the license granted hereunder at any time if you fail to comply with any term(s) hereof. You may terminate this EULA and the license granted hereunder effective immediately upon written notice to ABT. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Product Software, but the terms of Sections 2 through 18 (inclusive) will remain in effect, after any such termination.You may extend this EULA and the license granted hereunder if you agree to certain terms and conditions to extend your use of the Site, Site Services, and Mobile Software beyond the Initial License Period as follows. At or after the end of the Initial License Period and each successive subscription service term, if any, you may provide payment to us according to an acceptable payment method and purchase additional and continuing access to certain software services to extend and continue your use of the Site, Site Services, and Mobile Software(“Subscription Service”), the rates and terms for which shall be posted and updated on our website from time to time.
7. Warranty Disclaimer.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABT PROVIDES THE PRODUCT SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ABT DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. ABT MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND ABT DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.
8. Limitation of Liability
Nothing in this EULA and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) ABT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF ABT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) ABT’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO ABT OR ABT’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. ABT DISCLAIMS ALL LIABILITY OF ANY KIND OF ABT’S LICENSORS AND SUPPLIERS.
9. Limitations of Product Software
In addition, the ABT Customer Care and Support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Product Software is not a substitute for direct access to the information in the home.
“Confidential Information” shall mean the Product Software and all other information disclosed to you that ABT characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this EULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of ABT. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify ABT in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with ABT in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify ABT prior to such disclosure to allow ABT an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with ABT in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
12. Export Compliance.
The Product Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Product Software and related technology, as may be required. You will indemnify and hold ABT harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
13. Governing Law; Venue.
The courts in some countries will not apply Massachusetts’s law to some types of disputes. If you reside in one of those countries, then where Massachusetts’s law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this EULA, will be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this EULA must be brought in a federal or state court located in Massachusetts, and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that ABT may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect.
Any notice to you may be provided by email to the address that you registered with ABT.
If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
All waivers by ABT will be effective only if in writing. Any waiver or failure by ABT to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. ABT will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors.
You acknowledge that the Product Software contains valuable trade secrets and proprietary information of ABT, that any actual or threatened breach of Section 2 (Restrictions) of this EULA will constitute immediate, irreparable harm to ABT for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA.
Except as otherwise provided in this section, no amendment to this EULA will be valid unless it is in writing hand-signed by the parties.
Questions or Additional Information. If you have questions regarding this EULA, please contact
ADVANCED BIOTECHNOLOGIES, LLC BIOCHARGER NG TERMS AND CONDITIONS OF SALE
This is a legal contract for the sale of goods between, ADVANCED BIOTECHNOLOGIES, LLC, a limited liability company organized under the laws of the State of Commonwealth of Massachusetts (the “Seller”) and You (the “Purchaser”), please read it carefully.
The parties agree as follows:
1. Description of Goods.
The Seller shall sell to the Purchaser and the Purchaser shall purchase from the Seller ONE (1) unit(s) of the BIOCHARGER NG (the “Goods”). Unless otherwise stated herein, the Purchaser shall pay all taxes andthird-party expenses imposed on, in connection with, or measured by the transaction contemplated by this agreement inaddition to the price as follows: $14,990.00 (U.S. Dollars). The price stated herein is for immediate acceptance and issubjectto change without further notice if payment for the Goods is not received from Purchaser within thirty (30) calendardays ofthe date of Purchaser’s execution hereof.
2. Invoices; Payment.
Unless otherwise stated herein, payment for the Goods, all applicable sales and other taxes imposed on the transaction and the cost to ship the same is due via electronic invoice prior to Seller’s shipment of the Goods to Purchaser.
3. Delivery; Title; and Risk of Loss
. The Goods shall be shipped F.O.B. Seller’s place of business except as otherwiseprovided on the face hereof. Seller’s liability as to delivery ceases, and title and risk of loss for the Goods will pass, upon making delivery of the Goods to a mutually agreed carrier at the sellers designated facility in good condition. Any stated delivery dates are approximate. The Seller will not be liable for any losses, damages, penalties, or expenses for failure to meet any delivery date.
4. Limitation of Liability.
The Seller shall not be liable for any indirect, special, consequential, or punitive damages(including lost profits or loss of use) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Seller has been advised of the possibility of any such damage. In no event will the Seller’s liability exceed the price the Purchaser paid to the Seller for the Goods provided by the Seller giving rise to the claim or cause of action. Purchaser agrees that Purchaser’s operation and use of the BioCharger NG with related services, such as myCloud,(including use by any third party user affiliated with Purchaser) is at Purchaser’s own discretion and risk. Purchaser will be solely responsible for (and Seller disclaims) any and all loss, liability or damages resulting from Purchaser’s and/or affiliated third party’s use of the Goods and/or related services. IN NO EVENT WILL SELLER OR ANY OF ITS AFFILIATES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE OF ANY TYPE WHATSOEVER RELATED TO, OR ARISING FROM, USE OF THIS PRODUCT BY PURCHASER OR OTHERS.
5. Limitation of Actions.
No action arising out of or relating to Seller’s warranty set forth in the attached “BioChargerNG Warranty” may be commenced against the Seller more than two (2) years after delivery of the Goods to Purchaser.
6. Governing Law and Designation of Forum.
The laws of the Commonwealth of Massachusetts (without givingeffect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement.The provisions of the Uniform Commercial Code shall govern unless the terms and conditions hereof provide otherwise. All interpretations thereof shall be governed by the laws of the Commonwealth of Massachusetts.
7. Agreement to Arbitrate
. Purchaser and Seller each agree that any and all disputes or claims that have arisen ormay arise between them shall be resolved exclusively through final and binding arbitration, rather than in court, except that Purchaser may assert claims in small claims court in the Commonwealth of Massachusetts, if such claims qualify. The Massachusetts Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org
. The arbitration shall be held in the Commonwealth of Massachusetts or at another mutually agreed location. If the value of the relief sought is $10,000 or less, Purchaser or Seller may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on Purchaser and Seller subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by Purchaser and/or Seller, unless the arbitrator requires otherwise.
8. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. PURCHASER AND SELLER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PURCHASERS OR PARTIES.
9. Force Majeure.
The Seller will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Seller’s reasonable control.
10. Assignment; Delegation.
The Purchaser may not assign any of its rights under this agreement or delegate any performance under this agreement, except with the prior written consent of the Seller. Any purported assignment of rights or delegation of performance in violation of this section is void.
11. Recovery of Expenses.
In any adversarial proceedings between the parties arising out of this agreement or the transactions it contemplates, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs, including reasonable attorney’s fees, legal fees, costs and expenses.
12. Incorporation by Reference.
The Disclaimer set forth below and the Terms of Usage (which Purchaser acknowledges may change from time to time as circumstances may warrant), are incorporated herein by reference.
13. Entire Agreement.
This agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.
No amendment to this agreement will be effective unless it is in writing and signed by both parties.
15. Effectiveness; Date. No Signatures Required.
This agreement will become effective and binding on bothparties without the need for either party to sign it upon verification of receipt of payment in full by Seller, which shall be deemed the date of this agreement.
The BioChargerNG is not a medical device and is not intended for use in the diagnosis or treatment of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or other conditions, in man or other animals. USE OF THE GOODS IS AT PURCHASER’S (AND ANY OTHER USER’S) SOLE RISK AND PURCHASER ACKNOWLEDGES THAT IT IS NOT A REPLACEMENT FOR MEDICAL TREATMENT. USE OF THIS PRODUCT IS ALSO SUBJECT TO THE EXPRESS CONDITION THAT PURCHASER AGREES, AS A CONDITION OF PURCHASER’S PURCHASE AND USE OF THE BIOCHARGER NG, TO REFRAIN FROM MAKING, STATING, PUBLISHING OR RE-PUBLISHING, PRINTING OR RE-PRINTING, POSTING OR RE-POSTING, ADVERTISING, REPRESENTING, MARKETING OR OTHERWISE CLAIMING IN ANY WAY TO ANY THIRD PARTY ANY STATEMENTS CONTRARY TO THE ABOVE DISCLAIMER. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT ANY STATEMENTS OR COMMUNICATIONS, WRITTEN OR ORAL, MADE TO ANY THIRD PARTY OF, OR RELATING TO, THE PURPOSE AND/OR EFFICACY OF THE GOODS WILL COMPLY WITH THE ABOVE CONDITION AND WILL BE ACCOMPANIED BY A RECITATION OF THE ABOVE DISCLAIMER AS FOLLOWS: “The BioChargerNG is not a medical device and is not intended for use in the diagnosis or treatment of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or other conditions, in man or other animals.”
BioCharger NG Warranty
860 Route 134, Suite 3 ▪South Dennis, MA ▪ 02660 ▪ (508) 694-7824 ▪ www.BioCharger.comBioCharger™ NG WarrantyAdvanced Biotechnologies, LLC warrants to the original consumer purchaser of the BioCharger NG (“you”) that the BioCharger NG will be free from defects in material and workmanship (the “warranty”) for one (1) year from the documented date of delivery and your receipt of the BioCharger NG immediately following your purchase transaction (the “warranty period”). The warranty herein is made to and for the benefit of you and is non-transferable. In the unlikely event that your BioCharger NG should require service during the warranty period, follow the instructions in the “Warranty Procedures” provided with your BioCharger NG.
If during the warranty period you discover a defect in material or workmanship that originated during manufacture, and Advanced Biotechnologies, LLC agrees that the defect exists, Advanced Biotechnologies, LLC (“us”) will, at its option, repair or replace the BioCharger NG or any lesser component part or parts thereof (“Defective Equipment”) at no charge to you (excluding transportation charges). Should it be deemed necessary to repair or replace Defective Equipment during the warranty period, you are responsible for transportation charges to ship theDefective Equipment to the location designated by us. The Defective Equipment must be shipped, insured, in original packaging along with the Return Merchandise Authorization (RMA) clearly displayed on the outside of the packaging, to obtain warranty service or replacement.If the Defective Equipment is located outside the contiguous United States, you are responsible to pay for transportation charges to and from the location designated by us.
If Advanced Biotechnologies, LLC elects to make a repair, Advanced Biotechnologies, LLC owns all parts removed from the repaired Product. Repair parts may, at our option, include an equal or better model or features.
This warranty expressly does not cover any of the following:
- Damage caused by abuse, unreasonable use, misuse, mistreatment, or neglect
- Damage caused by unusual physical or electrical stress or power fluctuations
- Damage caused by improper installation or operating environment
- Damage caused by modification or repair not made or authorized by us
- Damage caused by use of plasma tubes supplied by others
- Damage to Plasma Tubes not reported to us within 10 days of delivery
- Damage caused during shipping
45-Day Satisfaction Guarantee
Advanced Biotechnologies, LLC has designed and produced the BioCharger NG to be the highest quality revitalization platform available and is committed to service excellence after the sale. Although our 1-year warranty provides for repairs or replacements necessitated on account of any defects in materials or workmanship as described therein, we want you to feel confident that we stand behind our products and to be completely satisfied with your BioCharger NG purchase. With the exception of damage to the unit suffered during shipping, which is a claim to be resolved directly with the carrier, if at any time within the first 45 days of delivery of your BioCharger NG you are not satisfied with your purchase and you have fulfilled our conditions of eligibility below, you may return the product in its original condition and packaging, shipped to us insured, for a refund of the full purchase price paid less applicable prepaid shipping and 3rd party costs, if any and a reasonable fee for return processing. You are responsible for all shipping and third party costs to return the unit to us. Provided that you have complied with our conditions of eligibility, we will provide your refund to you within 30 days of our receipt of the BioCharger NG in its original condition and packaging.
To ensure that you realize optimal benefits from the BioCharger NG we require: participation in our onboarding process, recipe management consultation, progress surveys, scheduled communications with a client specialist, compliance with product installation/operational requirements and access to and utilization of myCloud via internet to enable full benefits of Recipe Library, software updates and remote diagnostics. There are no additional costs for any of these services for the first year of use and each is intended to optimize your initial experience with the BioCharger NG (“conditions of eligibility”).