Theta Digital Mind'sEye, User’S Manual & Reference

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Sectionname
53
The Mind’sEye Limited Warranty
and Release from Liability
1. REPAIR OF DEFECTIVE PARTS. The Mind’sEye is guaranteed from manufacturing
defects for a period of one year from the date of purchase. Any defective parts will be
repaired free of charge (exclusive of shipping costs) during that one year period. This
limited warranty does not cover defects caused by a purchaser’s misuse or accident, or
defects caused by fire, flood or other natural disaster. This limited warranty will be void
if A) a power supply other than that provided by the manufacturer is used, or B) lights
other than those provided by the manufacturer are used. In addition, the Warranty
Card must be returned to the manufacturer for this limited warranty to apply. This war-
ranty shall be the sole and exclusive remedy of purchaser for damages arising from or
relating to the purchase of the Mind’s Eye.
When shipping the Mind’sEye to the manufacturer, be sure to include name, address,
telephone and a description of the problem. PURCHASER MUST CONTACT FACTORY
FOR AUTHORIZATION BEFORE RETURNING THE MIND’SEYE FOR ANY REASON. Ship-
ping address is as follows: BY MAIL: Theta Technologies, P.O. Box 130, Fall City WA
98024. BY UPS: Theta Technologies,33631Redmond-Fall City Road, Fall City WA 98024
2. DISCLAIMER. EXCEPT AS PROVIDED IN PARAGRAPH 1 ABOVE, THE PURCHASER AC-
KNOWLEDGES THAT HE/SHE IS PURCHASING THE Mind’sEye “AS IS.” THE MANUFAC-
TURER AND SELLER SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE OR USE. THE MANUFACTURER AND SELLER ALSO ASSUME NO
LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THEORIES OF TORTIOUS CON-
DUCT, INCLUDING NEGLIGENCE AND STRICT CONDUCT.
3. RELEASE FROM LIABILITY. The purchaser is fully aware that the Mind’sEye is intended
for personal experimentation. The purchaser understands that Theta Technologies,
Inc. is not certain that it is suitable for all applications or users, each of whom may be
affected differently by the Mind’sEye because of his/her unique physical and emotional
makeup. Persons who have a history of seizures, hallucinations or other physical or
mental problems should use the Mind’sEye only under medical supervision.
The purchaser further understands that Theta Technologies, Inc., its agents and em-
ployees, will not be held liable in any way for any occurrence of any kind and nature
whatsoever in connection with his/her use of the Mind’sEye, or another person’s use
of the Mind’sEye, that may result or ostensibly result in physical or emotional damage
to the purchaser or others. Furthermore, in consideration of and part payment for the
Mind’sEye, the purchaser hereby personally assumes all risks in connection with his/her
use of the Mind’sEye, and shall advise other users of the Mind’sEye of the experimen-
tal nature of this device, especially regarding use by those with a history of seizures.
Furthermore, the purchaser assumes all risks in connection with use of the Mind’sEye
with other persons.
4. LIMITATION OF DAMAGES. If, notwithstanding the foregoing, there should arise any
question of liability on the part of the manufacturer or seller, the purchaser agrees that
such liability is limited to the cost of replacement of the Mind’sEye.
5. PURCHASER REPRESENTATIONS. The purchaser represents that he/she is of legal age
and legally competent, and understands that the terms set forth herein are contractual
and not mere recital. The purchaser has read or will fully read the User’s Guide before
using the Mind’sEye.