- Terms: By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- Revocable License: Permission is granted to temporarily download one copy of the materials (information or software) on Company’s web site for personal, non-commercial transitory viewing only. This is the grant of a revocable license, not a transfer of title and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose or for any public display (commercial or non- commercial);
- attempt to decompile or reverse engineer any software contained on Company’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
© 2016 Biofeedback Resources International Corporation. All Rights Reserved.
TERMS AND CONDITIONS FOR TRAINING AND SEMINAR SERVICES
ADMINISTERED BY BIOFEEDBACK RESOURCES INTERNATIONAL CORPORATION
These terms and conditions (“Terms and Conditions”) shall govern all trainings and seminars (collectively, “Seminars”) performed by Biofeedback Resources International Corporation (herein, “BRI”).
- Scope of Services: BRI provides Seminars with respect to biofeedback, neurofeedback, applied psychophysiology, stress management and subject matter relating thereto.
- Fees: BRI’s deposit and fees for each Seminar are determined based on a number of factors, including without limitation, the location, number of attendees, scope of topics covered, equipment, materials, supplies, etc. The amount of the deposit and fees shall be agreed to by the client and BRI in writing prior to scheduling a Seminar. A seminar shall be deemed “scheduled” only after (i) BRI receives the agreed upon deposit; and (ii) BRI confirms the date and time of the Seminar in writing.
- Registration: Unless otherwise agreed to in writing, the Client shall be responsible for all registration services, costs and fees with respect to in-person Seminars. Registration for BRI’s online seminars is provided on BRI’s website: www.biofeedbackinternational.com. All registrations are subject to these Terms and Conditions.
- Refunds/Cancellation: All scheduled Seminars and registrations are final. Any cancellation by the Client must be in writing. In the event that Client cancels a Seminar after it has been scheduled, BRI shall retain the Deposit and in addition, the Client shall reimburse BRI within 30 days for any out of pocket costs and expenses, e.g. transportation, lodging, equipment rental, staffing, etc, which BRI incurred in connection with the Seminar. Such remedies shall be cumulative. In the event that BRI cancels the Seminar for any reason, BRI shall not be liable for any costs, expenses or fees, including any special, consequential, indirect or other similar damages, registration fees or professional fees.
- Deposit/Payment: Prior to scheduling a Seminar, Client shall pay BRI a non-refundable deposit in an amount to be determined by BRI in its sole discretion. Client shall pay all fees and expenses set forth herein to BRI within 30 days of receipt of an invoice. All payment shall be by Mastercard, Visa, American Express or cashier’s check.
- Facility Requirements: BRI shall provide any specific technical requirements in advance of the Seminar. Technical requirements may include electrical outlets, overhead projectors and screens, white boards, electrical surge protectors, power strips, extension cords, seating, tables, food and beverages. Client shall provide adequate facilities, including parking, staffing, security, heat, ventilation and air conditioning and restrooms.
- Disclaimer of Warranties: The Seminars are for informational purposes only. Information presented during a Seminar shall not be construed as medical advice. BRI disclaims any express or implied warranties with respect to the Seminar, including without limitation, the equipment, instruction and training manuals used during the Seminar.
- Indemnification: BRI and its designees and their respective partners, employees, attorneys and agents, shall be indemnified, reimbursed, held harmless and, at the request of BRI, defended, by the Client from and against any and all claims, liabilities, losses and expenses (including, without limitation, the reasonable disbursements, expenses and fees of their respective attorneys) that may be imposed upon, incurred by or asserted against any of them, arising out of or related directly or indirectly to the Seminar.
- Limitation of Liability: BRI, its agents and employees, shall not incur any liability whatsoever except for any gross negligence or willful misconduct on the part of BRI; and the Client hereby waives any and all claims and actions whatsoever against BRI, arising out of or related directly or indirectly to any Seminar.
- Applicability, Choice of Law, Venue, Severability: Scheduling and/or registering for a Seminar constitutes agreement with these Terms and Conditions. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of New York without giving effect to the principles thereof regarding the conflict of laws. Each of the parties consents to the jurisdiction of the state and federal courts whose districts encompass any part of Westchester County, New York in connection with any dispute arising under these Terms and Conditions and Client waives, to the maximum extent permitted by law, any objection, including any objection based on forum non conveniens, to the bringing of any such proceeding in such jurisdictions. These Terms and Conditions are binding on successors and assigns. Any modification to these Terms and Conditions must be in writing and signed by all parties to this Agreement. In the event that any terms contained herein are deemed to be illegal or invalid by a court of law, the remaining terms shall nevertheless be binding on the parties.
- Intellectual Property: Client acknowledges that all trademarks, copyrights, patents and other intellectual property rights belonging to BRI (collectively, “Intellectual Property”) shall remain the property of Biofeedback Resources International Corporation during and after the Seminar. Nothing contained herein shall grant a license to use any Intellectual Property without the express prior written consent by BRI’s President. All materials disseminated by BRI in connection with the Seminar shall be deemed the intellectual property of BRI, unless otherwise specified in writing.
- Terms Subject to Change: These Terms and Conditions are subject to change at any time. Any changes will be posted on BRI’s website. By scheduling and/or registering for a Seminar, Client agrees to be bound by the then current version of these Terms and Conditions.
© 2016 Biofeedback Resources International Corporation. All Rights Reserved.
TERMS and CONDITIONS of SALE
- Price: The prices of the products purchased (the “Products”) from BIOFEEDBACK RESOURCES INTERNATIONAL CORPORATION (the “Seller”) shall be exclusive of taxes and shipping costs. All transportation, license fees, custom duties and other such charges shall be paid by Buyer and added to the total purchase price shown in the listing, unless noted otherwise. If applicable, there shall also be added to the prices shown on the listing the amount of any applicable sales, use or other taxes, however designated, levied or based on such prices or on this agreement or the sale or use of the Products, including state and local privilege or excise taxes based upon gross revenue and any taxes or amounts in lieu thereof. Any personal property taxes assessable on the Products after delivery to the carrier shall be borne by the Buyer. Terms are subject to change without notice. In the event that any item(s) are for any reason out of stock, discontinued or not available for delivery, Seller’s liability shall be limited to a house credit or refund of any monies Buyer may have paid for such items that are not deliverable. If the User’s Manual is not included in the purchase price of the Products, it is the obligation of the end user of the Products to obtain the User’s Manual and other necessary operating documentation directly from the equipment manufacturer.
- Security Interest And Title: Seller retains, until Buyer performs all of its obligations hereunder, all security interest and right of title in said Products. Buyer agrees, upon demand by Seller, to promptly execute any security agreement, financing statement, application, registration or other documents necessary and to take any other action deemed necessary or desirable by Seller in order to evidence or perfect Seller’s security interest. Buyer hereby appoints Seller as its attorney-in-fact to prepare, sign and file or record for the Buyer, in Buyer’s name, any such documents. Buyer agrees to keep the Products in good order and repair until the full purchase price has been paid. Buyer shall not attempt to transfer an interest in the Products until said purchase price has been paid in full.
- Copyright Protection: As the Buyer, you may have purchased biofeedback/medical equipment that may contain copyright protected software. This software may be subject to a licensing agreement placing restrictions on its sale and use. It is Buyer’s responsibility to ascertain and comply with any such restrictions contained in any applicable licensing agreement and to avoid violating any copyright laws.
- Default: Failure of Buyer to perform its obligations hereunder, including, but not limited to, payment in full of purchase price, as a result of insolvency, bankruptcy, assignment for the benefit of creditors or dissolution, liquidation or closing of business by Buyer, shall constitute a default under this Agreement and shall afford the Seller all remedies or a secured party under the Uniform Commercial Code of the State of New York.
- Events Beyond Control: Fulfillment of this order is contingent upon the availability of materials. Seller shall not be liable for any delay in delivery or for non-delivery in whole or in part caused by the occurrence of any contingency beyond the control of either the Seller or suppliers to the Seller, including, but not limited to, war, sabotage, acts of civil disobedience, failure or delay in transportation, act of any government or agency or subdivision thereof, judicial action, labor dispute, fire, accident, explosion, quarantine, restrictions, storms, flood, earthquake or acts of God, shortage of labor, fuel, raw materials or machinery or technical failure where Seller has exercised ordinary care in the prevention thereof. If any contingency occurs, allocation of product and delivery thereof will be at the discretion of Seller.
- Risk of Loss and Insurance: Risk of loss or damage to the Products shall pass to Buyer upon delivery of the Products to a common carrier at Seller’s office/shipment facility or, if drop shipped, the manufacturer’s shipment facility. Seller will insure to full value the Products shipped or declare full value thereof to the transportation company at the time of the shipment. Buyer shall provide and maintain at its sole expense from the time of such delivery of the Products until payment by Buyer of the full amount due hereunder, for the Products insurance against loss, theft, damage or destruction of the Products for their full replacement value, with loss payable to Seller or its assignee. Confiscation or destruction of or damage to, the Products following shipment shall not in any way affect the liability of Buyer to pay the purchase price. Buyer shall inspect the Products upon receipt and notify Seller within 24 hours following delivery when there is evidence of shipping damage. Buyer’s failure to notify Seller of shipping damage within 24 hours of delivery shall constitute a waiver by Buyer of any such claim.
- Governmental Restrictions and Personal Injury Insurance: As the Buyer, you may have purchased biofeedback/medical equipment that may be subject to governmental restrictions on its use. It is Buyer’s responsibility to ascertain and comply with any such restrictions. In this regard, Buyer hereby represents to Seller that Buyer is legally able to purchase and/or use the subject biofeedback/medical equipment. Furthermore, Buyer hereby acknowledges that Buyer is solely responsible for obtaining adequate personal injury insurance coverage and that Buyer’s failure or inability to obtain such insurance coverage does not invalidate Buyer’s obligation to pay the purchase price.
- Assignment: This Agreement may not be assigned, in whole or in part, without the written consent of the Seller.
- Indemnification: Buyer shall indemnify and hold Seller harmless (including, without limitation, Seller’s reasonable attorney fees and costs) from any claim arising out of or relating to (a) damage, injury or claim arising from any fault or neglect of Buyer, Buyer’s employees, agents and licensees or any person not a party hereto, (b) damage, claim or liability arising by reason of Buyer’s breach of any of its obligations as set forth in the Agreement, (c) to the extent that Products are manufactured according to Buyer’s specifications and/or drawings, any charge that said Products infringes any patent or other proprietary right of any other person; or (d) to the extent that Buyer obtains any third party financing with respect to the Products, any claim against the Seller with respect to such third party financing.
- Dispute Resolution: Should any dispute arise between the parties to this Agreement, as a result or relative to this Agreement and such dispute cannot be resolved informally, the parties agree to submit such dispute to the exclusive jurisdiction of the New York Supreme Court in Westchester County, New York. The prevailing party in such action shall be entitled to recover its reasonable attorney fees and other costs and expenses.
- Returned Goods Policy: If Buyer notifies the Seller within 72 hours of receipt of the goods that the goods received are defective, the Seller shall have commercially reasonable time in which to repair or replace them. If Seller is unable to repair or replace the goods, then the goods may be returned to Seller only after Buyer has obtained a Return Merchandise Authorization number from Seller. No credit will be given for items returned without a Return Merchandise Authorization number. Buyer is responsible for the shipping costs related to the returned goods. Buyer will be charged a minimum 15% fee for all returned goods to cover Seller’s restocking costs and fees, shipping and other expenses incurred by the Seller as a result of this sale. Notwithstanding anything to the contrary contained herein, Buyer acknowledges that unless Buyer strictly complies with the returned goods policy set forth in this paragraph, Buyer’s purchase shall be deemed final and Buyer shall be deemed to have released Seller from (i) any claim for refund or credit and (ii) any type of damages whatsoever.
- Validity: If any provision(s) of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
- Disclaimer of Warranties: THE SELLER SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR WARRANTY FOR THE PERFORMANCE OF THE PRODUCTS (INCLUDING HARDWARE AND SOFTWARE PRODUCTS) UNLESS SPECIFICALLY NOTED IN WRITING. SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING THAT THE PRODUCTS ARE FIT FOR A PARTICULAR PURPOSE OR THAT THE PRODUCTS ARE MERCHANTABLE. BUYER AGREES THAT IT HAS SELECTED EACH ITEM BASED UPON ITS OWN JUDGMENT AND DISCLAIMS ANY RELIANCE UPON ANY STATEMENTS OR PRESENTATIONS MADE BY SELLER. SELLER SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OR FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, EVEN IF SELLER OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY FOR PERFORMAING UNDER ANY MANUFACTURER WARRANTY PROGRAM RESTS SOLELY WITH THE SUBJECT MANUFACTURER AND SELLER HAS NO LIABILITY OR RESPONSIBILITY FOR PERFORMANCE THEREUNDER. This means that Seller is not responsible for any cost incurred or as result of lost profits or revenue, loss of use of the Products, loss of data or the cost of any substitute Products.
- Governing Law: This Agreement and attachments thereto and enforcement thereof shall be governed by and construed in accordance with, the laws of the State of New York.
- Entire Agreement: This Agreement (which collectively consists of the Agreement and any addendums thereto, these Terms and Conditions and the Product Condition statement) constitutes the entire understanding between the parties and supersedes all proposals, oral or written and all other communications between the parties relating to the subject matter. Any modification to this Agreement must be in writing and signed by all parties to this Agreement. This Agreement and the Terms and Conditions herein will govern Buyer’s order.
- Terms Subject to Change: These Terms and Conditions are subject to change at any time. Any changes will be posted on BRI’s website. By purchasing the Product(s), Buyer agrees to be bound by the then current version of these Terms and Conditions.
By purchasing the Product(s), Buyer expressly agrees to be bound by the terms and conditions hereof. Seller’s acceptance of Buyer’s order is expressly made conditional of Buyer’s assent to the terms of this Agreement. Any acknowledgment, which in any manner differs from or is in addition to the provision(s) of this Agreement, other than approved addendums thereto, shall be of no force or effect.
© 2016 Biofeedback Resources International Corporation. All Rights Reserved.