Global Electrolysis weasel words

Global Electrolysis Supply’s disclaimer

Since Global Electrolysis Supply makes it so hard to read their disclaimer, here it is in full, as of November 2002. My favorite parts are in bold:

Global Electrolysis Supply Web Site Terms of Use Agreement
 
You must read and agree to these terms and conditions before you may access or view this site. By visiting this site, you are agreeing to all of the terms of this agreement. This agreement is subject to change at any time, and changes are effective upon posting. Refer to this page for any amendments/changes to the original agreement. By using and/or viewing this site you hereby swear and affirm (represent and warrant) under penalty of perjury the following:

Eligibility Requirements: By using and/or viewing this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
That you represent and warrant that you have not and will not use and/or view this site in a restricted location – namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Price Policy: We make every effort to maintain prices for the duration of a catalog, but reserve the right to make adjustments in response to manufacturers’ increases. Manufacturers reserve the right to make changes in design, specifications or fabrication in the interest of providing superior equipment without notice or obligation.
Guarantee of satisfaction: If you have tried a product and it is defective or does not perform satisfactorily, we will provide a credit, exchange or refund. Every product is backed by our 90-day unconditional guarantee. If you are not satisfied, simply follow the instructions on the back of your packing slip to return or exchange an item. You may also e-mail your request to: [email protected]
Exemptions to RMA (returned materials) program. Opened/Used Hand Pieces (items which may have come in contact with body fluids such as blood or saliva): may not be returned, by law. Items will be repaired or replaced in accordance to manufacturers’ warranties. Before opening hand pieces, we suggest that you check the shipping container and packing list to verify that you have received exactly what you ordered. Special Order Items: may not be returned (includes items that were modified, customized, or changed while in the custody of the customer). Textbooks/Instruction Literature: may not be returned. Expired/Discontinued Items: may not be returned (articles which cannot be returned to the manufacturer). Shortages or errors in shipments must be reported within 10 days of delivery to issue credit (if applicable).
Payment & Delivery Terms: We accept payment by COD, check, wire transfer, Visa, Master Card, Discover, American Express or we can bill your order to your open account (available to firms listed by Dunn and Bradstreet only). All invoices are payable NET 30 days. Orders under $75.00 are subject to a $3.95 handling charge. A $30.00 returned check fee applies to all uncollectable checks.
Alaska, Hawaii & Pacific Islands: Standard shipping methods provide direct, reduced cost, expedited air delivery service to all accounts in Alaska and Hawaii. Customers in the Pacific Protectorates are offered direct surface transport, or postal services, for reliable delivery. No additional surcharges apply, except when special services are requested. Puerto Rico imposes a 6.6% excise tax, which is not collected by Global Electrolysis Supply. We serve electrologists, cosmetologists, home-use customers, and retailers throughout the world. To place orders or for inquiries on export terms throughout the world, please contact our Customer Service Department.
Delivery and Title: Global Electrolysis Supply will make reasonable efforts to initiate shipment and schedule delivery as close as possible to customer’s requested delivery date(s). Customer acknowledges that delivery dates provided by Global Electrolysis Supply are estimates only and that Global Electrolysis Supply will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route may be made by Global Electrolysis Supply unless specifically designated in writing by the customer. All transportation charges from Global Electrolysis Supply’s facility shall be paid to Global Electrolysis Supply by the customer in addition to the purchase price of the products. Subject to Global Electrolysis Supply’s right of stoppage in transit, delivery to a carrier will constitute delivery to customer, and risk of loss will thereupon pass to the customer; however, title shall remain in Global Electrolysis Supply until payment in full for the products by customer. Claims for shortages and damage must be made to carrier within ten (10) days after delivery. Products invoiced and held by Global Electrolysis Supply at customer’s request will be held at customer’s risk and expense. Delivery of any installment of products within thirty (30) days after the date requested will constitute a timely delivery. Thereafter, delivery will be timely unless prior to shipment Global Electrolysis Supply has received written notice of cancellation. Delivery of a quantity which does not vary by more than ten percent (10%) from the quantity specified therefore will constitute full performance of such delivery. Delay in delivery of one installment will entitle customer to cancel that installment only. Customer is responsible for all import taxes, tariffs, levies, or fees.
Force Majeure: Global Electrolysis Supply will not be liable for delays in delivery or for failure to perform its obligation due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of nature, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, epidemics, quarantine restrictions, riots, or war. Global Electrolysis Supply’s time for delivery or performance will be extended by the period of such delay or Global Electrolysis Supply may, at its option, cancel any order or remaining part thereof without liability by giving notice to customer.
Limited Warranty and Limitation of Liabilities: Global Electrolysis Supply warrants to customer that products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value-added work performed by Global Electrolysis Supply on such products will conform to applicable customer’s specifications relation to such work. Global Electrolysis Supply makes no other warranty, express or implied, with respect to the products. In particular, Global Electrolysis Supply makes no warranty respecting the merchantability of the products or their suitability or fitness for any particular purpose or use or respecting infringement. However, Global Electrolysis Supply will transfer to customer whatever transferable warranties and indemnities Global Electrolysis Supply receives from the manufacturer of the products. With respect to value-added work by Global Electrolysis Supply which does not meet applicable customer’s specifications, Global Electrolysis Supply’s liability is limited (at Global Electrolysis Supply’s election) to (1) refund of customer’s purchase price for such products (without interest), (2) repair of such products, or (3) replacement of such products; provided, however, that such products must be returned to Global Electrolysis Supply, along with acceptable evidence of purchase, within twenty (20) days from date of delivery, transportation charges prepaid. Customer shall not in any event be entitled to, and Global Electrolysis Supply shall not be liable for indirect, special, incidental or consequential damages of any nature including, without being limited to, loss of profit, promotional or manufacturing expenses, overhead, injury to reputation or loss of customers. Customer’s recovery from Global Electrolysis Supply for any claim shall not exceed customer’s purchase price for the products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise. 

Statements and Advice: If statements or advice (technical, medical or otherwise), is offered or given to customer, such statement or advice will be deemed to be given as an accommodation to customer and without charge and Global Electrolysis Supply will have no responsibilities or liabilities for the use or misuse of said information.

General: The terms and conditions may not be modified or cancelled without Global Electrolysis Supply’s written agreement. The sale of products hereunder will be governed by the terms and conditions, notwithstanding contrary or additional terms and conditions in any purchase, planning schedule, acknowledgement, confirmation or any other form or document issued by either party effecting the purchase and/or sale of products. Customer is responsible to adhere to local regulations regarding the use or possession of medical appliances and devices. Global Electrolysis Supply assumes no liability, medical, or otherwise, for the use or misuse of products contained in this catalog. No rights, duties, agreements or obligations hereunder may be assigned or transferred by either party without the prior written consent of the other. The obligations, rights, terms and conditions hereof will be binding upon and inure to the benefit of the parties hereto and their successors and assigns. The waiver of any breach of any term, condition or covenant hereof or default under any provision hereof will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein or of any subsequent breach or default of any kind or nature. Global Electrolysis Supply’s customers using or selling products do so at their own risk and agree that Global Electrolysis Supply and the manufacturer are not liable, in whole or in part, for any claim or damage arising from such use, and agree to fully indemnify, defend and hold harmless Global Electrolysis Supply and the manufacturer of the products from and against any and all claims, damages, loss, cost, expense or liability arising out of or in connection with the use or performance of products in this catalog. Results and number of treatments by electrolysis will vary and depend on a variety of factors including, but not limited to, the type of hair being treated, area being treated, and amount of hair being treated. Photos are provided for example purposes only, and may not represent the results that all people will obtain. Any provision hereof which is prohibited or unenforceable in any jurisdiction of affecting the validity or enforceability of such provision in any other jurisdiction voids the customers purchase. The terms and condition will be governed by and construed in accordance of international free trade agreements. Products or information in this catalog are not intended to diagnose, treat or cure disease.
Importation of products into any jurisdiction where such products are restricted or regulated is done at the risk of the customer. Customer is responsible to adhere to all local regulations regarding the use or possession of products and to hold harmless Global Electrolysis Supply for any damages (incidental or otherwise) arising from the importation, possession or use of products/information available on this web site.
Proprietary Rights in Content on site. Global Electrolysis Supply owns and retains all proprietary rights in this site which contains copyrighted material, trademarks, and other proprietary information of Global Electrolysis Supply, Inc., and its licensors. No portion of this web site is in the public domain and you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Global Electrolysis Supply site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Copyright Policy/DMCA Notice. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including fair use.
This web site is hereby deemed private property (and not of public domain). Global Electrolysis Supply reserves the right to refuse the viewing of and/or usage of this web site (and/or sale of products) at their sole discretion. All photos, trademarks and information is hereby deemed property of Global Electrolysis Supply for which full rights are reserved.

Disclaimers. Global Electrolysis Supply is not responsible for any incorrect or inaccurate Content posted on the site. Global Electrolysis Supply assumes no responsibility for any error, omission, interruption, deletion, defect with the site (or information available on this site).

The Site and the products available on the site are provided ‘as is’ and Global Electrolysis Supply expressly disclaims any warranty of fitness (including both information and products) for a particular purpose or non-infringement. Global Electrolysis Supply cannot guarantee and does not promise any specific results from use of the site or products.
You agree to fully indemnify and hold Global Electrolysis Supply, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the information or products available on this site in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein.

Limitation on Liability. Except in jurisdictions where such provisions are restricted (and in that event Liability is disclaimed to the fullest extent permitted by law), in no event will Global Electrolysis Supply be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of information or products on this site, even if Global Electrolysis Supply has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Global Electrolysis Supply’s Liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Global Electrolysis Supply for information or products available on this site.

Disclaimer 1: International Marketplace Multi-Jurisdiction Distance Selling Parameters. The information provided on this site is for information purposes only, and is not intended as medical advice. Some information available on this site may be experimental (or medically unproven) in some countries, but fully validated and proven in others. Being a global supplier, it is impossible to know all of the parameters (of laws etc.) regarding medical devices (i.e. liability, restrictions, labeling, registration requirements, pre-market approval or general medical/product claims etc.) in every jurisdiction on Earth. Customer is hereby notified that they are solely responsible for adhering to all local regulations regarding the use or possession of medical devices and agrees to fully indemnify and hold harmless Global Electrolysis Supply, its owners, employees and affiliates for any and all damages arising from information or products available on this site.

Disclaimer 2: Global Electrolysis Supply does not have an official position regarding ‘permanency’ for any products available on this site (or provided by way of this site: including but not limited to printed material sent by fax, e-mail, regular mail or private courier). Although we publish empirical evidence, clinical testing trial results, and/or medical/scientific data which may be conclusive (and/or suggestive) for ‘permanency’ of hair removal, Global hereby disavows any and all claims (specific or implied) to the overall efficacy or performance of any and all products appearing on this web site. It is our company mission to fill the demands of the epilation cosmetology industry (hair removal equipment and supplies) with quality, affordable products which are user friendly. We choose our products and inventory based strictly upon popular demand (requests by our customers/potential customers). Global publishes what is believed to be viable scientific and medical data supporting specific hair removal procedures (involving the following spectrum of medical claims: permanent, progressively permanent, non-permanent). These tutorial information pages outline specific procedures and/or techniques but Global Electrolysis Supply does not extend that data/information into any specific medical claims for the products available on this web site. Global presents this data ‘as is’ and does not represent or warrant that information on this web site is accurate or current.

Aavexx Electrolysis equipment for sale on this site is hereby defined and labeled as "precision power equipment" only. The choice of use (modality or function) is the sole responsibility of the end user. Although Aavexx equipment is grouped with Transdermal and Microlysis accessory packages, that is done for convenience only and in no way implies or encourages the use of said precision power equipment for any such purpose. Use at own risk. Electrolysis shall be defined as the application of precision galvanic current (without implying which specific modality or function, i.e. medical or non-medical).

Laser Perm diode module is hereby designated as an OEM device manufactured in Canada. Under OEM classification, labeling and designation, this component is exempt from CRDH requirements for importation and possession by non-commercial persons/firms for private, experimental or investigational usage. As presented, this module is not an approved medical device in the USA. Customer is responsible for submitting appropriate investigational device exemption and pre-market notification forms/petitions to the agencies which govern lasers (and laser medical devices) of their individual country (independent of Global Electrolysis Supply). Customer is responsible for conforming to labeling and safety compliance requirements in their country and agrees to fully indemnify and hold harmless Global Electrolysis Supply, its owners, affiliates and employees from and against any and all liability for the possession and/or use of said laser module.

By using and/or viewing this site you represent and warrant under penalty of perjury the following: You are not directly or indirectly associated with the USFTC, USPS, USFDA, USFCC, or other governing agency. You will not use information available on this site (or provided by way of this site: including but not limited to printed material sent by fax, e-mail, regular mail or private courier) in any tort or malicious manner towards the owners, affiliates or employees of Global Electrolysis Supply. Tort shall be described as: Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought. This term of use shall specifically include: defamation, libel and/or slander towards Global Electrolysis Supply, their affiliates or employees. If information on this site appears through message boards, on web sites, discussion forums, e-mail or any other public forum which is defamatory, malicious, or negative in nature, Global Electrolysis Supply reserves the right to forcefully remove (from the publisher/host company) any and all information which was taken from the this web site (or provided by way of this site: including but not limited to printed material sent by fax, e-mail, regular mail or private courier) in direct (or indirect) violation of the terms set herein. This shall include third parties and all forms of media. Failure to abide by this term shall constitute a full acceptance of liability (involving tortious interference, inciting mal-content/fear, and/or manipulating/altering the purchasing decision of potential/existing customers of Global Electrolysis Supply). By accessing this site, you represent and warrant (under penalty of perjury) that you are in full agreement with these terms without limit of parameter, jurisdiction or duration.

Non-Commercial Use by Viewers. The Global Electrolysis Supply site is for the personal use of individual customers/potential customers only and may not be used in connection with any commercial (organizations, companies, and/or businesses) endeavors. Those who may not become customers (including private or public research, investigators and all other non-commerce related persons/firms/agencies) of Global Electrolysis Supply are hereby prohibited from the use of site. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the site be held liable for civil penalties hereby disclosed at $1,000,000 USD per infraction (at the sole discretion of Global Electrolysis Supply). Appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Violator will be responsible for court/investigational/attorney fees. By accessing this site, you represent and warrant (under penalty of perjury) that you are in full agreement with these terms without limit of parameter, jurisdiction or duration.

Limitation on Liability. Except in jurisdictions where such provisions are restricted (and in that event Liability is disclaimed to the fullest extent permitted by law), in no event will Global Electrolysis Supply be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of information or products on this site, even if Global Electrolysis Supply has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Global Electrolysis Supply’s Liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Global Electrolysis Supply for information or products available on this site. If any provision of this Agreement is held invalid or is unenforceable in any jurisdiction, the customers purchase/transaction shall be immediately (and retro-actively) voided.

Important notes regarding Laser Safety and CDRH Classifications: Diode Laser Modules and Power Systems (LaserTec D.M. 1000, Simed s.r.l., and Actus 15 systems) are sold solely as unspecified components for O.E.M. use. The modules do not include safety shutter or other features required for a certified laser system. Therefore, these units do not meet CDRH safety requirements and are not CDRH listed or certified. It is the purchaser’s responsibility to meet applicable federal regulations contained in Title 21 CFR parts 1000 and 1040.10 chapter 1, subchapter Radiological Health. Although these systems are linked directly to information regarding laser hair removal. they are not specified as medical lasers. Should the customer use one of these systems for hair removal, it is done at their own risk. Physicians in the US must submit an investigational device exemption to the Center for Devices and Radiological Health Department prior to use on human subjects.

Conclusion

Anyone who has to add that much legalese to cover themselves is attempting to cover their butts, not offer you a legitimate product. Once these people have your money, you will have a very hard time getting it back. Better to avoid disreputable companies like Global Electrolysis Supply altogether.

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