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.
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:
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:
2.4 Types of Items EEG Store offers the following types of items available for purchase:
2.5 Deposits If applicable to the invoice, Buyer agrees to place a deposit and receive a reimbursement based on the following terms:
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:
2.7 Default Buyer shall be found to be in Default in the following circumstances:
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:
3.2 Exceptions Certain exceptions apply to refunds, as follows:
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.
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.
5.1 Supervising Clinician Responsibilities When using EEGer for Home Use as the Supervising Clinician, Supervising Clinician assumes responsibility for:
Additionally, Supervising Clinician affirms that they:
5.2 Home-User Responsibilities When using EEGer in Home Use mode as a Home-User, Home-User assumes responsibility for:
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.
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.
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.
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.
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.
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.
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.
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.
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.
When you make a purchase with EEG Store, the process is currently as follows:
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.
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