Terms Of Sale

Product: Liftid Neurostimulation (From RPW Technology, LLC)

Please Read This Terms of Sale Document Carefully And In Its Entirety. It Contains Very Important Information About Your Rights, Obligations, Exclusions, And Limitations Connected With Using The RPW Technology, LLC Website And/Or Purchasing Products Sold By RPWTechnology, LLC. Should You Not Agree With Any One Of These Terms, Please Do Not Order The Product And/Or Please Exit The Website.

These Terms Of Sale Apply To Purchases Made From RPW Technology, LLC By Phone, Email Or The Internet.

These Terms Of Sale (“Agreement”) Apply To The Purchase Of Products And/Or Services And Support (Collectively “Product”) Sold By RPW Technology, LLC. By Placing An Order, Purchaser Accepts And Is Bound To The Terms Of This Agreement. If Purchaser Has Placed An Order, But Does Not Wish To Be Subject To These Terms Of Sale, Purchaser Must Promptly Cancel The Order Before It Is Processed.

1. Payment

Payments Will Be Made Via Paypal/Credit Card For A Safe And Secure Transaction.

2. Not For Resale Or Export

Purchaser Agrees To Comply With All Applicable Laws And Regulations Of The Various States And Of The United States. Purchaser Agrees And Represent That They Are Buying For Their Own Use Only, And Not For Resale Or Export.

3. Shipping Charges

Loss Or Damage That May Occur In Transit Is The Responsibility Of RPW Technology, LLC. Please Notify RPW Technology, LLC Within 30 Days Of Any Missing Package Or Damage To The Product That May Have Happened In Transit. Please Note Purchaser Is Responsible For Any Duty, Taxes, Or Customs Fees Outside Of The United States.

4. 30 Day Return Policy

Purchaser May Return RPW Technology, LLC Products Within 30 Days Of The Date Of Purchase After RPW Technology, LLC Approves The Return. Shipping Fees Incurred To Return The Item Are The Purchaser’s Responsibility. Any Loss Or Damage During Shipping Is Also The Purchaser’s Responsibility. RPW Technology, LLC Reserves The Rights To Consider Any And All Return Requests In A Per Order Basis And A Return Authorization Must Be Requested By The Purchaser Prior To Returning The Item. As Long As The Packaging Has Not Been Damaged Or Abused By The Customer And The Item Is In Its Original “UNOPENED” Packaging With Packaging Seal Unbroken, The Authorization Will Be Granted Without Delay. Shipping Should Be Done In A Manner Compatible With The One In Which The Product Was Shipped To The Purchaser. As The Product Is Sold As Is And Without Any Implicit Guarantee That It Would Function In Any Medical Capacity, RPW Technology, LLC Regards Dissatisfaction With The Product Subjective And That Factor Is Not A Consideration When Approving A Return.

5. Warning

Liftid Neurostimulation tDCS Device (From RPW Technology, LLC) Is Not A Medical Device. tDCS Devices Are Currently Not Regulated By The FDA. Liftid Neurostimulation tDCS Device Is Not Intended, Marketed Or Sold As An Alternative Treatment For Any Medical Condition Or Disease. RPW Technology, LLC, Does Not Sell Medical Devices, Does Not Give Medical Advice And This Website Does Not Endorse Liftid Neurostimulation Or tDCS As An Alternative Treatment For Any Medical Condition Or Disease. Liftid Neurostimulation Is For Healthy Individuals (Ages 18 Years And Older) And Is For Recreational Use Only. Please Check Our Safety Page For Additional Warnings And Information.

6. Six (6) Month Limited Warranty

RPW Technology, LLC Warrants Liftid Neurostimulation And Other Products From RPW Technology, LLC (For Purposes Of This Section, The “RPW Technology, LLC Products”), And RPW Technology, LLC Products, Against Defects In Materials And Workmanship Under Normal Use For A Period Of Six (6) Months From The Date Of Purchase By The Original Purchaser (“Warranty Period”). Under This Limited Warranty, If A HardwareDefect Arises And A Valid Claim Is Received By RPW Technology, LLC Within The Warranty Period, At Its Option And To The Extent Permitted By Law, RPW Technology, LLC Will Either (1) Repair The RPW Technology, LLC Products At No Charge, Using New Or Refurbished Replacement Parts Or (2) Exchange The RPW Technology, LLC Products With New Or Refurbished RPW Technology, LLC Products. In The Event Of A Defect, To The Extent Permitted By Law, These Are Purchaser’s Sole And Exclusive Remedies.

A Replacement RPW Technology, LLC Products Assumes The Remaining Warranty Of The Original Product Or Six 6 Months From The Date Of Replacement Or Repair, Whichever Is Longer. When A RPW Technology, LLC Products Or Component Of The RPW Technology, LLC Products Is Exchanged, Any Replacement Item Becomes The Purchasers Property And The Replaced Item Becomes RPW Technology, LLC Property. Instructions To Obtain Warranty Service: To Obtain Warranty Service, Purchaser Must First Contact RPW Technology, LLC Directly, Then Deliver The RPW Technology, LLC Product, Freight Prepaid, In Either Its Original Packaging Or Packaging Providing An Equal Degree Of Protection, To The Address Specified By RPW Technology, LLC. In Accordance With Applicable Law, RPW Technology, LLC May Require That Purchaser Furnish Proof Of Purchase Details And/Or Comply With Registration Requirements Before Receiving Warranty Service.

The Limited Warranty Does Not Apply To Any (A) Products And Services Other Than The RPW Technology, LLC Products And (B) Non-RPW Technology, LLC Products. RPW Technology, LLC Is Not Responsible For Damage Arising From Failure To Follow Instructions Relating To The RPW Technology, LLC Product Use.

RPW Technology, LLC Warrants The Liftid Neurostimulation Device Product (And Only This Product) Against Material Defects And Workmanship Under Normal Use For A Period Of Six (6) Months From The Date Of Original Purchase By The Original Purchaser. This Warranty Does Not Cover Damage Caused By Misuse, Accident, Abuse, Natural And/Or External Causes (Flood, Stolen Property, Etc.), Use Other Than As Intended And Described In The User Manual, Normal Wear & Tear, Tampering, Unreasonable Use, Services Performed By Unauthorized Service Agents, Or Damage To The Internal Battery. This Express Written Warranty Is Exclusive And In Lieu Of Any Other Warranty, Remedy, And Conditions, Whether Oral, Written, Express, Or Implied. This Limited Warranty Does Not Cover The Cost Of Returning Liftid Neurostimulation To RPW Technology, LLC. This Is The Responsibility Of The Purchaser.

7. Assumption Of Risk

Purchaser And All Users (Collectively The “User”) Is Aware Of The Inherent Risks Of Injury, Involved In Transcranial Direct Current Stimulation (“tDCS”), Including Without Limitation Risks Due To, Exposure To Electrical Currents Applied In tDCS. User Is Aware Of The Risks Of Injury And Property Damage That May Result From, Among Other Causes, The Active Or Passive Negligence Of RPW Technology, LLC And Its Officers, Directors, Employees And Agents (Collectively, “Released Parties”), Including Without Limitation The Risk Of Defects In The Design Or Manufacture Of The Product Or The Absence Of Warnings Or Instructions Regarding Proper Use Of The Product For tDCS Procedures. User Is Voluntarily Engaged In tDCS With Knowledge Of The Risks Of Injury, And Other Risks, And Assumes Any And All Known And Unknown Risks Of Injury And Property Damage That May Result From Use Of The Product For tDCS.

8. Release Of Liability

User Releases Released Parties From All Liability To User And User’s Principals, Employees, Agents, Representatives, Guardians, Successors, Assigns, Heirs, Children, And Next Of Kin For All Liability, Claims, Damage, Or Demands For Personal Injury, Death, Or Property Damage, Arising From Or Related To This Agreement Or To Use Of The Product, Whether The Injury, Death, Or Property Damage Results From Use Of The Product For tDCS Or Any Other Purpose. This Release Includes, Without Limitation, Any Personal Injury, Death, Or Property Damage Caused By The Active Or Passive Negligence Of Any Of The Released Parties. User Bears Sole Responsibility For Any Loss.

9. Knowing And Voluntary Agreement

User Acknowledges That User Has Carefully Read This Agreement, Understands Its Contents, And Understands That This Agreement Includes An Assumption Of The Risk Of The Released Parties’ Negligence And A Release Of Their Liability. User Acknowledges That RPW Technology, LLC Is Materially Relying On This Waiver.

10. Governing Law: Jurisdiction

This Agreement Shall Be Governed By And Enforced In Accordance With New York Law As Applied To Contracts Entered Into In New York By New York Residents To Be Performed Entirely Within The State Of New York.

11. Limitation Of Actions

No Action, Regardless Of Form, Arising Out Of Or In Any Connection With Any Of The Transactions Under This Agreement Or The Articles Sold Hereunder May Be Brought By Purchaser Or Any User Of The Product More Than Six (6) Months After Such Cause Of Action Shall Have Accrued.

12. Entire Agreement

This Agreement Constitutes The Entire Understanding Of The Parties Hereto With Respect To The Subject Matter Hereof And Supersedes All Prior And Contemporaneous Agreements Or Understandings, Inducements Or Conditions, Express Or Implied, Written Or Oral, Between The Parties With Respect Hereto. The Express Terms Hereof Control And Supersede Any Course Of Performance Or Usage Of The Trade Inconsistent With Any Of The Terms Hereof.

13. Dispute Resolution And Binding Arbitration

Purchaser And RPW Technology, LLC Are Agreeing To Give Up Any Rights To Litigate Claims In A Court Or Before A Jury, Or To Participate In A Class Action Or Representative Action With Respect To A Claim. Other Rights That Purchaser Would Have If Purchaser Went To Court May Also Be Unavailable Or May Be Limited In Arbitration.

Any Claim, Dispute Or Controversy (Whether In Contract, Tort Or Otherwise, Whether Pre-Existing, Present Or Future, And Including Statutory, Consumer Protection, Common Law, Intentional Tort, Injunctive And Equitable Claims) Between User And RPW Technology, LLC, Its Agents, Employees, Successors, Assigns, Direct And Indirect Subsidiaries, And Any Third Party Providing Any Products Or Services To Purchaser In Connection With Purchase (Collectively “RPW Technology, LLC”) Arising From Or Relating In Any Way To The Purchase Or Use Of Product, This Agreement, Its Interpretation Or The Breach, Termination Or Validity Thereof, The Relationships Which Result From This Agreement (Including Relationships With Third Parties Who Are Not Signatories To This Agreement), RPW Technology, LLC Advertising Or Any Related Purchase Shall Be Resolved Exclusively And Finally By Binding Arbitration In Westchester County, New York. The Arbitrator Shall Have Exclusive Authority To Resolve Any Dispute Relating To Arbitrability And/Or Enforceability Of This Arbitration Provision Including Any Unconscionability Challenge Or Any Other Challenge That The Arbitration Provision Or The Agreement Is Void, Voidable Or Otherwise Invalid. The Arbitration Shall Be Administered By The American Arbitration Association (AAA) Or JAMS (Or A Substitute Forum If Both Are Unavailable). Arbitration Proceedings Shall Be Governed By This Provision And The Applicable Procedures Of The Selected Arbitration Administrator, Including Any Applicable Procedures For Consumer-Related Disputes, In Effect At The Time The Claim Is Filed. User Agrees To An Arbitration On An Individual Basis. In Any Dispute, Neither User Nor RPW Technology, LLC Shall Be Entitled To Join Or Consolidate Claims By Or Against Other Users, Or Arbitrate Or Otherwise Participate In Any Claim As A Class Representative, Class Member Or In A Private Attorney General Capacity. If Any Provision Of This Arbitration Agreement Is Found Unenforceable, The Unenforceable Provision Shall Be Severed And The Remaining Arbitration Terms Shall Be Enforced (But In No Case Shall There Be A Class Arbitration).

The Arbitrator Shall Be Empowered To Grant Whatever Relief Would Be Available In Court Under Law Or In Equity. This Transaction Shall Be Governed By The Federal Arbitration Act 9 U.S.C. Sec. 1-16 (FAA). Any Award Of The Arbitrator(s) Shall Be Final And Binding On Each Of The Parties, And May Be Entered As A Judgment In Any Court Of Competent Jurisdiction. The Arbitrator May Apportion Arbitration Fees And Award Reasonable Fees Under The Standards For Fee Shifting Provided By Law. Information On AAA Or JAMS And Their Applicable Rules Are Available At The Following Numbers And URLs: American Arbitration Association, (800) 778-7879, www.Adr.Org: JAMS, (800) 352-5267, www.jamsadr.com.