TERMS OF USE

COPYRIGHT, TRADEMARK AND TERMS OF USE

The Senergy Medical Group, Inc. (“Senergy”) maintains this website as a service to its clients and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the Terms of Use set out below.

Senergy reserves the right to modify, change, alter or otherwise edit these Terms of Use at any time by updating this posting and such changes will become immediately effective upon such posting. Your continued use of the website will bind you to such revisions and you should therefore periodically visit this page to review the then current Terms of Use. If you do not agree to these Terms of Use, please do not use the website.

Copyright and Trademark Information

Copyright © 2005-2014

Senergy Medical Group, Inc. All rights reserved. This website and its content (including text, images, and media files) are the property of (or licensed by) Senergy, and are protected from unauthorized copying and dissemination by United States copyright law, trade dress, trademark law, international conventions, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, service marks, logos and trade names used on the website by Senergy are the property of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, logo, or trade name displayed on the website without the written permission of Senergy or the owner thereof.

Copyright Agent; Notice and Take-Down Procedures

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Senergy’s copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Senergy’s agent for copyright issues relating to this web site is as follows:

Senergy Medical Group, Inc.

Attn: Scott Tennant

9901 Valley Ranch Pkwy East, Suite 1009

Irving, TX 75063 USA

Or call: 866-514-8221

Contact Senergy

For other questions, go to www.senergy.us, call 972-580-0545 or toll-free 866-514-8221 or send queries to biomodulator@senergy.us and include your day contact information.

Warranty

Tennant Biomodulator® devices are sold with a limited two-year warranty against defect of material or workmanship. Liability is limited to replacement or repair of product only, at manufacturer’s discretion.

Warranty term is 24 months from the date of purchase. A receipt is necessary for warranty validation and any repair. If your Tennant Biomodulator® needs any repair after warranty has expired, repairs can be done in Dallas.

Senergy purchases made through an authorized educator or reseller may be returned to that educator or reseller for warranty support.

The warranty becomes invalid when:

More than one (2) year has passed since the purchase date. The unit was damaged or broken due to misuse or improper use.

• Rough handling.

• Water or chemical damage.

• Broken seal or case.

• Shorting of electrodes: The electrodes should not be directly shorted together (via metal, highly conductive liquids, etc.) while the device is on. This could result in damage to the device.

• Electro-static shock damage: Powerful electro-static shocks into the electrodes may damage the device while it on or off.

• Violent vibration: Violent vibration could damage components and reduce the effectiveness of the device.

• Damage to electrode accessory port due to improperly inserted electrode accessory lead wire connector.

Instructions for Returning Merchandise

Include information (below) in all correspondence with authorized distributor or reseller, Senergy Medical Group:

1. Name

2. Address

3. Return ship-to address, if different (PO boxes not allowed)

4. Daytime phone

5. Fax number

6. Email address

7. Location of purchase

8. Date of purchase

9. Reason for return (Please give as much information as possible to assist Senergy Medical Group in determining the problem with your unit.)

Warranty repairs may require 4-6 weeks for return.

Return Policy

PLEASE CALL US TO DISCUSS ANY RETURNS: 972-580-0545

Return Policy:  All eligible products must be returned within 30 days of the purchase date.  Refunds may take up to 10-14 business days to process for product evaluation. Device products must be undamaged, clean, and in working order with all original packaging and instructions.

Restricted Items:  Some items cannot be returned due to OSHA regulations. Conductive pads & garments, Uro Slim and Bell Electrodes, Scalp and Pencil Electrodes, and any special/custom order products cannot be returned for a refund.

Ineligible Refunds:  There are no refunds for any Course Conferences, Special/Custom order items, or any Shipping & Handling fees. Shipping costs of any accepted returned products are the sole responsibility of the purchaser and will not be credited or refunded.

Shipping:  US Postal service is the standard shipping vendor for Senergy Medical Group and Priority 2-3 day is the standard shipping service. Shipping UPS and FedEx is by request only and may have a surcharge. All International Device orders will only ship DHL.

Processed Order Cancellations:  A 6% Processing Fee will be applied for any orders that have been processed and cancelled before the order is shipped and or received.

ALL PRICES ARE IN US DOLLARS AND SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. ALL PRICES ARE SUBJECT TO DUTIES AND TAXES WHERE APPLICABLE.

Shipping, Handling & Insurance

The US Postal service is the standard shipping vendor for Senergy Medical Group. Shipping UPS and FedEx is by request only and may have a surcharge. Shipping, handling and insurance will be not charged at time of purchase, because items are often shipped together. Therefore shipping weight, insurance and handling is unknown at time of purchase. The appropriate shipping, handling and insurance will be calculated when your order ships. You will be notified of these additional costs by email and they will be charged to your credit card at that time on a separate credit card sales receipt.

Purpose of website: THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the website, such as text, graphics, images, and other material contained on the website (“content”) are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. If you think you may have a medical emergency, call your doctor or 911 immediately.

Use of the website and its content

This website is only for your personal use. You may only use the contents of this website for a lawful purpose. You may not change the content in any way. You may not reproduce, publicly display, distribute, exchange, modify, sell, or transmit anything you copy from this website, including but not limited to any text, images, audio or video, for any business, commercial or public purpose. The content may not be used on any other website without prior written permission.

Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

As long as you comply with these Terms of Use, Senergy grants you a non-exclusive, non-transferable, limited right to enter, display and use the website. You agree not to interrupt or attempt to interrupt the operation of this website in any manner whatsoever.

Senergy authorizes you to view, print, and copy documents (such as product information and FAQs) that are available on this website, subject to the following conditions:

1. The documents may be used solely for personal and informational purposes.

2. The documents may not be modified.

3. Copyright, trademark, and other proprietary notices may not be removed.

The content available on this website may not be displayed through the use of framing or otherwise, without the prior written authorization of Senergy (or the owner of the content protected by trademark or copyright).

Senergy may alter, suspend, or discontinue this website at any time for any reason, without notice or financial obligation. This website may become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Senergy makes no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Availability of Products and Services

Information regarding products and services contained on this website, including their availability, appearance, price, and specifications are subject to change without notice. Note: The products and services displayed on this website are intended for sale in the United States only, and may not be available for purchase in your particular country or locality. The reference to such products and services in the website does not imply or warrant that these products or services will be available at any time in your particular location

No Warranties

Information and documents provided on this website are provided “as is.” Senergy does not warrant that:

1. the information on this website is correct, accurate, reliable, or complete;

2. the functions contained on this website will be uninterrupted or error-free;

3. Any defects will be corrected; or

4. this website or the server(s) that make it available are free of viruses or other harmful components.

Senergy believes that the information in this website is accurate as of its publication date. Such information is subject to change without notice. Senergy is not responsible for any inadvertent errors in the content on its website.

Senergy has obtained some of the information displayed on this website from outside sources that are believed to be reliable. However, Senergy cannot guarantee the accuracy or completeness of any information from an outside source published herein and it will not be responsible for any errors, omissions, or damages arising out of use of such information.

The content on this website is made available with the understanding that Senergy and the website authors are supplying information to the general public without charge.

This website contains hyperlinks to other Internet websites on the World Wide Web. Senergy provides such links for your convenience only, and is not responsible for the content of any website linked to or from this website.

Senergy does not assume any responsibility for, information or statements contained in any website other than its own. Senergy disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website. Viewing of all other websites is at your own risk.

User Communications

Any Communications (or materials) sent to the website by any user via electronic mail or otherwise, including any comments, data, questions, suggestions or the like will be considered non-confidential and non-proprietary. Any such Communication may be adapted, distributed, changed, copied, disclosed, performed, posted, published, and transmitted by Senergy (and its designees) for any and all commercial purposes throughout the world in any medium.

Senergy (and its designees) are also free to use, without compensation to the user, any concepts, ideas, know-how or techniques contained in any Communication that you send to the website for any purpose whatsoever. Senergy will have no obligations with respect to such Communications.

You are prohibited from posting or otherwise transmitting to or from this website unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that may violate any law.

Internet transmissions are never completely private or secure. Accordingly, any Communication that you send to this website may be read or intercepted by others, unless it is encrypted (for example, credit card information).

General Provisions

You agree to indemnify, defend and hold Senergy and all of its agents, officers, employees, information providers, licensors and licensees (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation attorneys’ fees and costs), incurred in connection with any claim arising out of any breach by you of these Terms of Use, or the foregoing representations, warranties and covenants.

You agree to cooperate as fully as reasonably required on Senergy’s defense of any such claim. Senergy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Senergy.

This website is administered by Senergy from its offices in the United States America and is intended for use by residents of the United States of America only. These Terms of Use are governed and interpreted under the laws of the United States of America and State of Texas, without giving any effect to principles of conflicts of law.

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

You expressly agree that exclusive jurisdiction for any dispute with Senergy, or in any way relating to your use of the Senergy website, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving Senergy or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

For Additional Information

If you have comments or questions about our copyright or terms of use, please send them to this email address: biomodulator@senergy.us

INTERNET PRIVACY POLICY

Welcome to the Senergy website. This section explains our policy regarding personal information you might supply to us when you visit this site. Our goal is to protect your information on the Internet in the same way that we protect it in other ways that we interact with you.

We’ve structured this website so that, in general, you can visit it without identifying yourself or revealing personal information.

In some circumstances, Senergy may request personal information from you, such as your name, e-mail address, company name or telephone number. Your response to these inquiries is strictly voluntary. Senergy uses this information to customize your experience on our website. In addition, Senergy may use this information for its nonprofit purposes, such as helping you locate a disc jockey or karaoke host to perform at your event.

Once you choose to provide us with personal information by which you can be identified, you can be assured that it will only be used to support your relationship with Senergy and never sold to third parties. If you do provide personal information, we will not disclose (share or divulge) it to other organizations, unless we have informed you or are required to do so by law. We will maintain this information, as well as your business activities and transactions, according to Senergy’s normal confidentiality standards.

Senergy collects domain information from users of this website, the electronic mail addresses of users who communicate with it electronic mail, aggregate information on pages users access, user-specific information on pages users visit, and information volunteered by users. The information collected is used to identify user demographics, to monitor frequency of visits to various parts of the website, to improve the content on the website, to customize the content or layout of the Web site for individual users, and to notify users about updates to the website. This statistical information is collected automatically and requires no action on your part.

SPAM POLICY

Senergy’s SPAM Policy is a zero-tolerance policy against sending SPAM that is in any way associated with our company to users of this website. You are prohibited from using information available on this website to send SPAM, and from sending SPAM from any third party email system. We specifically prohibit the collection of email addresses from this website by web spiders or other means, and the sending of emails to website users who have not specifically requested or opted-in to receive emails from you, or who have specifically requested not to receive emails.

For more information about what SPAM is, how it is harmful, and what can be done about it please visit the following sites:

www.mail-abuse.org The Mail Abuse Prevention System

www.abuse.net The Network Abuse Clearing House

www.cauce.org The Coalition Against Unsolicited Commercial E-mail

www.spamcon.org SpamCon Foundation Law Center

www.spamcop.net Spam Reporting Service and other resources

If you have comments or questions about our privacy, please send them to this email address: live.well@senergy.us

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