THETA TECHNOLOGIES PRODUCTS LIMITED WARRANTY AND RELEASE FROM LIABILITY
1. Your Theta Technologies product is guaranteed to be free from manufacturing defects for a period of one year from the date of purchase. Any defective parts will be repaired free of charge (exclusive of shipping costs) during that one year period. Damage caused by a purchaser’s misuse or accident, or by fire, flood or natural disaster is not covered by this limited warranty.
When returning your Theta Technologies product to the manufacturer, the purchaser should be sure to include name, address, telephone number and description of the problem. Purchaser must contact manufacturer at 1-800-395-9148 for authorization before returning the unit for any reason.
2. Disclaimer: Except as provided in paragraph 1 above, the purchaser acknowledges that he/she is purchasing the Theta Technologies product “as is.” The manufacturer and seller specifically disclaim all warranties, express or implied, including implied warranties of merchantability and of fitness for a particular purpose or use. The manufacturer and sellar also assume no liability for any loss or damage arising from theories of tortious conduct, including negligence and strict conduct.
3. Release from Liability: The purchaser is fully aware that the Theta Technologies product is an experimental device that provides audio and visual stimulation. Because it is experimental, the purchaser understands that Theta Technologies is not certain that it is suitable for all applications or users, each of whom may be affected differently by the devices because of individual physical and emotional makeup. Persons who have a history of seizures, hallucinations or other physical or mental problems should use the Theta Technologies product only under medical supervision.
The purchaser further understands that Theta Technologies, its agents and employees, will not be held liable in any way for any occurrence of any kind and nature whatsoever in connection with his/her use of a Theta Technologies product, or another person’s use of a Theta Technologies product, that may result or ostensibly result in physical or emotional damage to the purchaser or others. Furthermore, in consideration of and part payment for the Theta Technologies product, the purchaser hereby personally assumes all risks in connection with his/her use of the product, and shall advise other users of the product of the experimental nature of this device, especially regarding use by those with a history of seizures. Furthermore, the purchaser assumes all risks in connection with use of the product by other individuals.
4. Limitation of Damages: If, notwithstanding the foregoing, there should arise any question of liability on the part of the manufacturer or seller, the purchaser agrees that such liability should be limited to the cost of replacement of the product.
5. Purchaser representations: The purchaser represents that he/she is of legal age and legally competent, and understands that the terms set forth herein are contractual and not mere recital. The purchaser has read or will fully read the product Instruction Guide before using a Theta Technologies product.