These terms and conditions constitute a legal agreement between you and EEG Store. By using this website, associated websites, microsites, subdomains, and social media accounts associated with EEG Store (all collectively referred to in this document as the Site), and/or making a purchase from EEG Store, you agree to be bound by these terms and conditions. If you do not agree to these terms, please do not use the Site. Your continued use and/or purchase constitutes agreement. Other statements on the Site do not amend or otherwise affect this agreement.

EEG Store Purchase Agreement

Agreement

In accordance with this EEG Store Purchase Agreement (hereinafter referred to as Agreement), entered by and between EEG Store and Buyer, parties do agree to abide by the terms described here.

WHEREAS, EEG Store owns equipment and supplies useful to the Buyer; WHEREAS, Buyer desires to buy or lease such items; NOW, THEREFORE, in consideration of mutual covenants contained herein and other good and valuable consideration the receipt andsufficiency of which is hereby acknowledged, the parties agree as follows:

Items and Price

2.1 Invoice The item(s), Buyer, method of purchase, method of delivery, and the agreed-upon price for each transaction will be described on the relevant invoice. Buyer understands that the agreed-upon price may differ from listings in promotional materials and on websites. Both parties agree to the purchase price listed on the invoice. If the Buyer is located – or requires shipping – outside of the United States of America, Buyer accepts responsibility for all applicable shipping charges, insurance, taxes, tariffs, duties, and fees including those not noted on the Invoice from EEG Store.

2.2 Guarantee of Quality EEG Store warrants that all items sold are in excellent working order and as described on the invoice. Buyer understands that details of item(s) (such as color, model, make, specification, etc.) may be different from what is used by other practitioners, advertised online, or what is used during training or instructional courses. If the Buyer has specific preferences or expectations, these will be requested before purchase, and – if accepted by EEG Store – will be listed on the invoice. While EEG Store makes every effort to meet customer requests, the overall quality of the item is warranted, not its specific characteristics.

2.3 Transaction Details The specific arrangement of the transaction is described on the invoice, including transaction type, payment totals, payment terms, and delivery terms. Buyer understands that line items of the invoice may have different arrangements for transaction type and delivery.

The transaction method will be one of the following:

  • Outright: The Buyer makes invoice payment in full with one single payment. With respect to physical items, such as computers, amplifiers, supplies, and so on, these transfer ownership from EEG Store to Buyer upon purchase. With respect to the EEGer4 Software, the Buyer purchases a perpetual license as described by the invoice and EEGer4 EULA.
  • Payment Plan: The Buyer agrees to make a Down Payment, and Monthly Payments for the length of the term. Upon completion of these payments, items transfer ownership from EEG Store to Buyer. Buyer agrees to make all payments described by the invoice.
  • Subscription: The Buyer agrees to make a Dongle Deposit, and Monthly Payments on an ongoing basis. Buyer may choose to cancel the subscription at any time.
  • Rental: The Buyer agrees to make a Down Payment in exchange for a temporary rental of equipment and/or a software license. Upon completion of the term, Buyer may choose to convert to another transaction method or return the items for a partial reimbursement, as detailed on the Invoice.

2.4 Types of Items EEG Store offers the following types of items available for purchase:

  • New Item: Items described as new have been tested and validated and not previously sold or used. Items that are not specified as ‘used’ are new.
  • Used Item: Items described as used have been tested and validated and have been previously sold or used. Used items are sold as is, without warranty of any kind.

2.5 Deposits If applicable to the invoice, Buyer agrees to place a deposit and receive a reimbursement based on the following terms:

  1. In accordance with the terms of the Invoice, a deposit may be required alongside certain transaction types;
  2. Upon completion of required prerequisites and as defined on the invoice, deposit may be returned to Buyer in form of check or store credit;

If equipment is returned to EEG Store in exchange for reimbursement of deposit, equipment will be fully tested and must pass this testing to be eligible for reimbursement. Any damages to equipment due to misuse or damages due to improper return shipping will be subtracted from the reimbursement amount at a total no less than $200.00.

2.6 Monthly Payments If applicable to the invoice, Buyer agrees to make Monthly Payments on the following terms:

  1. Monthly Payments will be processed on the 1st day of each subsequent month following the delivery of items to Buyer;
  2. Buyer agrees to a recurring monthly charge to the payment method on file with EEG Store. Buyer accepts responsibility to ensure their contact information and payment information stay up-to-date with EEG Store;
  3. For each Monthly Payment that is late, for any reason, by more than three days, a Late Fee of $25.00 shall be charged to Buyer’s payment method on file;
  4. Any Monthly Payment or Late Fee shall not be considered paid until it has successfully and completely cleared processing. This will vary depending on payment method; anticipating differences in normal processing time is the responsibility of the Buyer;
  5. EEG Store may in good faith waive a Late Fee or otherwise grant allowances for circumstances resulting in a late payment. Any such good-faith waiver of entitlements does not imply a waiver of any other terms of this Agreement, or a waiver of upcoming payments or payments past due;
  6. Failure to pay Monthly Payments in full and on time, including failure to pay the subsequent Late Fees, shall result in the Buyer's account being considered in arrears. If the Buyer's account remains in arrears according to the conditions described in 2.7 Default, the account shall be considered in Default;
  7. Should Buyer Default on this Agreement, EEG Store is entitled to keep all monies paid by Buyer to that point, including any down payments or deposits. No refund or credits shall be due to Buyer.

2.7 Default Buyer shall be found to be in Default in the following circumstances:

  1. Failure to process a past due payment in full for 60 days, consecutive, from date of last payment;
  2. Paying the full amount late for three months, not necessarily in a row;
  3. Violation of any covenants outlined within this Agreement.

Refunds

With certain conditions and exceptions, equipment may be returned for refund within thirty (30) calendar days of the receipt of the item by Buyer, based on delivery confirmation by the shipping entity.

3.1 Refund Conditions The conditions that apply to refunds are as follows:

  1. The items to be returned were sold individually – that is, they were not sold as parts of a package or system; or the entire package or system is being returned;
  2. The items to be returned are delivered to EEG Store within one week (or earlier) after the end of the 30-day period – that is they must be in EEG Store’s possession within 37 calendar days of the date they were originally delivered;
  3. The items are in new, resalable condition, in the original packaging;
  4. The items are in excellent working order;
  5. The items are packaged securely, insured, and shipped to EEG Store by the Buyer; the Buyer is responsible to pay all applicable shipping charges, insurance, taxes, tariffs, duties, and fees;
  6. EEG Store will not refund original shipping charges;
  7. A restocking fee equal to 15% of the original invoice total will be deducted from the refund amount;
  8. EEG Store must agree to the refund;
  9. Any damages to equipment due to misuse or damages due to improper return shipping will be subtracted from the refund amount at a total no less than $200.00;
  10. For items not eligible for refund, as outlined below, all sales are final.

3.2 Exceptions Certain exceptions apply to refunds, as follows:

  1. Perishable items, such as Ten20 Conductive Paste and Nuprep Skin Prep Gel are not eligible for refund;
  2. Electrodes are not eligible for refund;
  3. Items sold as ‘used’ are not eligible for refund.
  4. Software enables, such as games or feature enables, are not refundable.

3.3 Processing Items returned to EEG Store will be evaluated upon arrival to determine their condition. This includes full testing of devices and equipment where applicable. This will occur over a period of fourteen (14) calendar days. Upon completion of this evaluation, and subject to the conditions and exceptions as described above, a refund will be issued via check.

Configuration & After-Sales Services

4.1 Configuration Assistance EEG Store will provide by email: instructions or online knowledge base articles containing sufficient guidance to configure, or use purchased items. This includes instructions for software installation, software minimum requirements, and/or instructions on configuring purchased equipment. EEG Store disclaims responsibility for problems due to specific hardware configurations, hardware conflicts, or for use in unconventional configurations. Buyer agrees that problems encountered not resulting from manufacturer’s defect are the Buyer’s responsibility.

4.2 After-Sales Services This Agreement does not entitle Buyer use of any After-Sales Services provided by EEG Store not explicitly listed on the invoice for the relevant transaction. Purchases of After-Sales Services are considered a separate transaction without consideration for previous invoices. This Agreement remains binding, in full force and effect, without regard to the results of any After-Sales Services offered by EEG Store.

Home Use with EEGer

5.1 Supervising Clinician Responsibilities When using EEGer for Home Use as the Supervising Clinician, Supervising Clinician assumes responsibility for:

  • Providing their Home-Users with education, information, and ongoing support for their EEGer system.
  • Providing their Home-Users with clear expectations for training with EEGer.
  • Maintaining clear communication with their Home-Users and EEG Store.

Additionally, Supervising Clinician affirms that they:

  • Agree to introduce the Home-User to the neurofeedback process to understand how it works, have reasonable expectations, and are aware of potential side effects.
  • Will evaluate, assess, choose protocols, and set the scope of training for their Home-Users, seeking mentorship as needed to help determine the best direction for training.
  • Will provide basic training on how to set up and run sessions with the EEGer neurofeedback system.
  • Will support the Home-User in their process of getting comfortable with applying electrodes, getting adequate impedance, and to identify non-EEG data.
  • Will provide Home Use Client files (EKC, EKR, EFD, etc.) as necessary for ongoing training, including assisting the Home-User with the downloading and installation of these files.
  • Will provide answers to questions from their Home-Users in a timely manner.
  • As necessary, will provide troubleshooting assistance to their Home-User for all basic technical support, including user error to facilitate their correct use of the EEGer4 software. This may include technical assistance beyond use of the EEGer4 software (such as email, the Windows Operating System, and remote connection software) as needed.
  • Will make a good faith effort to provide support to the Home-User prior to contacting EEG Store, including use of resources available within the EEGer4 software, Operator’s Manual, Online Knowledge-Base Articles, and previous emails from EEG Store.
  • Understand that EEGer Support is available for advanced troubleshooting as needed (additional charges may apply).
  • Understand that an appointment with a Home-User by phone, virtual meeting, or remote connection will require the presence of the Supervising Clinician. EEGer Support will only provide support for a Home-User with the participation of their Supervising Clinician.
  • Will notify EEG Store in writing if unable to provide supervision to a Home-User, and will make a good faith effort to help the Home-User find alternative supervision if desired by the Home-User.
  • Will contact EEG Store prior to transferring a license or supervision of a Home-User and will assist in completing the necessary paperwork.
  • Will contact EEG Store prior to discontinuing supervision of a Home-User.
  • Will inform EEG Store in writing immediately upon suspicion that misuse of the EEGer4 software is occurring by this Home-User.

5.2 Home-User Responsibilities When using EEGer in Home Use mode as a Home-User, Home-User assumes responsibility for:

  • Seeking training from their supervising clinician on how to setup and run neurofeedback sessions.
  • Maintaining contact with their Supervising Clinician and following their instructions in full for running a session.
  • Installing Home Use Client files from the Supervising Clinician as they are received.
  • Installing keyfiles from EEG Store as they are received.
  • Keeping their contact information up to date with EEG Store.
  • Keeping their EEGer Security Dongle and equipment secure, as they cannot be replaced without an additional purchase at full price.
  • Notifying EEG Store of any concerns about their training, or the supervision they are receiving.

Use of EEGer4 Software

By making a purchase with EEG Store that includes access to the EEGer4 software or other software provided by EEG Software, Buyer agrees to have read and agrees to the documents specified within this section.

6.1 Acceptance of EEG Software End User License Agreement (EULA) Licensee acknowledges that they have read and do agree to the EEG Software User License Agreement, as it exists at execution of this Agreement and as amended from time to time, in full, including all terms and covenants, and meet all requirements documented within.

6.2 Acceptance of EEG Store License Agreement (ESLA) Licensee acknowledges that they have read and do agree to the EEG Store License Agreement as it exists at execution of this Agreement and as amended from time to time, in full, including all terms and covenants, and meet all requirements documented within.

Waiver of Liability

7.1 Indemnification Upon purchase, Buyer assumes full liability and responsibility for use of the items. Buyer agrees to their proper use and operation. To the greatest extent possible under applicable law, Buyer shall fully indemnify, hold harmless, and defend EEG Store and its directors, officers, employees, partners, consultants, agents, stockholders, family, assigns, and Affiliates, (collectively, ”EEG Store”), as well as related companies (such as EEG Software, EEG Education & Research, etc. – collectively, ”Sister Companies”) from and against all claims, actions, suits, demands, liabilities, obligations, charges, damages, losses, settlements, judgments, fines, penalties, costs, and expenses (including without limitation reasonable attorney‘s fees and costs), whether or not involving a third party claim, which arise out of, relate to or result from (a) death, losses or damage, financial or otherwise, sustained as a result of purchase, other involvement, or other transaction with EEG Store; (b) use of items purchased from EEG Store; (c) any breach of any representation, guarantee, policy, or warranty of EEG Store; or (d) any breach of any covenant or other obligation or duty of EEG Store under this Agreement or under applicable law.

7.2 Settlement Cap In such cases where waiver of claims and liabilities and indemnification may be found to be invalid or otherwise unenforceable, Buyer agrees that the amount recoverable shall not exceed the purchase price.

Disputes

8.1 Resolution Disputes arising out of or related to this Agreement shall be resolved in accordance with this provision.

8.2 Communication In the case of a dispute, parties will attempt to resolve such disputes through open communication and dialogue. To this end, if a party has a concern about an actual or possible dispute, and there is not otherwise a reason to immediately give a Notice of Dispute, the concerned party will informally notify – in writing – the other party of the nature of the dispute and explore the possibility of reaching an agreeable resolution, prior to initiating a Notice of Dispute.

8.3 Notice of Dispute If the parties cannot resolve the matter by informal dialogue or there is a reason to give notice immediately, either party may give written Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.

8.4 Mediation After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator.

8.5 Arbitration Upon written request of either party, any controversy or claim between or among the parties shall be determined by binding arbitration in accordance with the Federal Arbitration Act (or if not applicable, the applicable state law), the Commercial Arbitration Rules of the American Arbitration Association, and the “Special Rules” set forth below unless both parties, in their respective sole discretion, agree in writing to mediate the dispute prior to submitting to binding arbitration. In the event of any inconsistency, the Special Rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction. Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this agreement applies in any court having jurisdiction over such action. The party that requests arbitration has the burden to initiate the arbitration proceedings pursuant to and by complying with the Commercial Arbitration Rules of the American Arbitration Association and shall pay all associated administrative and filing fees

8.6 Costs In the event of arbitration, mediation or if a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation reasonable attorney fees at the trial level and on appeal.

Alteration and Terms of Agreement

9.1 Effective Date This Agreement will take effect on the date of payment for any invoice from EEG Store, or in accordance with the terms of the invoice if different.

9.2 Buyer The individual entered into this Agreement and specified by the contact information and details of the Account associated with an Invoice.

9.3 Term This Agreement commences as of the Effective Date and may be terminated only by written agreement of both parties.

9.4 Alteration This Agreement may be altered only by mutual written consent of Buyer and EEG Store.

9.5 Limitation No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

9.6 Severability If any clause, provision, part, or parts of this Agreement shall be deemed void, invalid, or unenforceable, remaining portions of the Agreement will remain binding, in full force and effect.

9.7 Legality This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Florida.

9.8 Entirety This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties.

9.9 Supplemental Agreements Supplemental Agreements provided by EEG Store will abide by the terms and covenants defined within this Agreement unless otherwise specified within the Supplemental Agreement. In situations where the terms or covenants are in conflict between the two documents, the terms or covenants defined by the Supplemental Agreement shall be used for that agreement.

Using This Site

This site is intended to provide a way for users, advocates, and practitioners of neurofeedback, especially the acclaimed EEGer Suite, to order products and services, and get information. We are committed to keeping our website efficient, user-friendly and functional. However, we are not liable for the occasions when upgrades, failures, technical issues, or human error may lead to website down-time or reduced functionality. Email is the preferred way to reach us, but you may also call us: (888) 521-9803.

Fair Use

You may view, save, copy, download, and print material from the Site for your own personal use, to help you safely use our products and services, according to the Creative Commons License: Attribution-NonCommercial-NoDerivs 3.0 Unported, except where otherwise noted. Any use of material or information on the site for commercial or profit-making purposes requires the prior written consent from EEG Store. Where another party owns the copyright, they retain their rights.

Privacy

EEG Store is committed to your privacy. In general, contemporary retail business depends on accurate customer information, but all information we collect from you will be used for only the purpose of providing you with the services and products you specifically order, or keeping you up-to-date with what we are doing. We despise junk mail, and work to make our communication with you worth your time. Above all, we guarantee that except where you specifically consent or request it your information will never be traded, sold or otherwise offered to other entities. Please get in touch if you have questions or concerns.

Cookies

Note that there may be some third-party cookies in use on sites we link to, use, or are associated with. Social media sites in particular are notorious for their tracking practices. You are encouraged to educate yourself about security online.

Customer Satisfaction: Our Guarantee

We are committed to and enthusiastic about helping to build the neurofeedback community. Developing lasting relationships with our clients is vital to that mission. We will make every effort to ensure that you are satisfied with your experience of EEG Store, our products and our partners. We offer a 30-day Money Back Guarantee (less shipping and restocking fees), if you change your mind about an order and return it to us in new, unopened, resalable condition. Please see our Refund Policy below for details. If you have any questions, comments, complaints, and/or praise, please contact us via email through the contact form on this site or write to info@eegstore.com.

Making A Purchase

When you make a purchase with EEG Store, the process is currently as follows:

  • You may browse our online catalog, or you may contact us by phone or email to ask about the products you need. Many products we sell are not listed yet.
  • We will give you clear pricing on what you are ordering, including shipping.
  • For software that requires training, you will let us know how you have satisfied this requirement.
  • If any product requires it, and you haven't already done so, you may need to fax (or scan and email) us your healthcare license or supervision information and signature. We'll communicate with you about this. For EEGer Software there is a license agreement. To join the EEGER affiliate program, there is a form (for your forum login, listing, etc).
  • You will give us your payment, billing, shipping, and contact information.
  • Once we have your signed agreements (if applicable), we will process your payment.
  • When payment processing is successful, we will package and ship your purchase.

Authorization

EEG Store assumes that any information you submit to the Site is accurate and legal. This information may be applied or collected as part of placing an order, checking out, completing your profile, or contacting us by email or phone. Ensuring that your contact, billing, and delivery information is accurate and up-to-date remains your responsibility. You are responsible for notifying your bank of any loss, theft, or unauthorized use of your credit card or other payment method. Some items may require you to sign a license agreement. We reserve the right to refuse to provide any item, to comply with the law and/or our own standards of neurofeedback training. You warrant that your use of your chosen payment method is authorized and legal.

Information about Therapists and Other Providers

We may provide links to, statements by, and photographs of neurofeedback practitioners to help disseminate information about available products and services. By publishing such articles on the Site or in printed matter, EEG Store does not endorse nor assume any liability for the efficacy, safety, validity, or accuracy of any information or service

 

Revised: 01 November 2022 CP