TERMS OF SALE

 

Anodyne Systems, LLC (“ASL”), is pleased to provide our website (https://www.anodynesystems.net/) (the “Site”) as a service to our customers.  Please review the following terms of sale which apply to the purchase and sale of products through the Site (the “Agreement”). 

 

THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.  

 

BY PLACING AN ORDER FOR PRODUCTS FROM THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, OUR TERMS OF SERVICE, OUR PRIVACY POLICY, AND ANY AND ALL WARNINGS, DISCLOSURES AND DISCLAIMERS PROVIDED ANYWHERE, AND ANY WRITTEN AGREEMENT(S) EXECUTED AND IN EFFECT IN CONNECTION WITH ANY OF OUR PRODUCTS.

 

WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE.  FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MAKE YOUR PURCHASE.

 

1. Site Orders

 

You agree that your order is an offer to buy, under this Agreement, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between ASL and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation by contacting us at support@anodynesystems.net.

 

2. Prices and Payment Terms

 

The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. 

 

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. 

 

3. Disclosures, Disclaimers, Errors, Inaccuracies, and Omissions

 

A. Disclosures & Disclaimers (Anodyne Wave):

 

ASL’s “Anodyne Wave” product should not be used by individuals with:

 

1)         Arthritis

2)         Osteoporosis

3)         Acute inflammation

4)         Acute sprains or strains

5)         Conditions where movement is contraindicated

6)         Dislocation

7)         Fracture

8)         Increased pain or radicular symptoms with traction

9)         Infections in bones or joints

10)       Meningitis

11)       Peripheralization of symptoms

12)       Subluxation

13)       Tumors

14)       Vascular problems

15)       Trauma

16)       Joint instability 

17) Uncontrolled diabetes

18) Deformities of the hand, wrist, or forearm

19) End stage renal disease

20) With use of anti-inflammatory steroids

21) Increased pain with traction

 

Consult with your physician to make sure the Anodyne Wave is right for you!

 

NOTE: pads marked “sticky” can potentially irritate thin skin. Do not use sticky pads on thin skin. Use non-sticky silicone pads instead. 
 

You must read and follow all safety warnings and instructions. 

 

DO NOT REMOVE WARNING STICKERS and LABLES.

There are other conditions that can cause carpal tunnel syndrome symptoms including pronator teres syndrome, and compression of the median nerve in the elbow, shoulder, or neck. 

 

If your carpal tunnel syndrome symptoms do not improve after one use of the Anodyne Wave, check with your doctor to see if another condition could be causing your symptoms.

 

B. Errors, Inaccuracies, and Omissions:

 

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order) with the contract of sale. 

 

4. Shipments; Delivery; Title and Risk of Loss

 

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

 

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments, or lost items. 

 

We only use carriers that have tracking services.

 

We typically ship within 5-10 business days or fewer. In the US, transit times are usually fewer than 7 business days. 

 

5. Qualified Returns, Exchanges and Refunds

 

ASL offers a 30-day money back guarantee on Qualified Returns, subject to the following terms, conditions and limitations:

A. Qualified Returns. ASL shall have no obligation under this limited warranty if:

 

(a)        the product is not returned in accordance with our Returns Policy prior to the expiration of the Returns Period;

(b)       the product was misused or used in a manner inconsistent with the product’s specifications, instructions, directions, warning, disclosures and disclaimers; 

(c)        the product was not stored in accordance with its specifications; 

(d)       the Product was disassembled, modified, improperly applied, improperly installed, improperly handled or improperly maintained;

(e)        the product has been used in combination with other products or equipment not intended to be used therewith or supplied by a party other than ASL; or

(f)        the order you seek to return contained (i) a free item; (ii) perishable goods; (iii) hazardous materials, flammable liquids or gases; (iv) gift cards; or (v) sale or discounted items;

(g)       the product was, at the time of sale, designated as non-returnable on the Site.

 

B.  No Service or Repair by Customer. You shall not attempt to service, repair, modify, alter, replace, reverse engineer or otherwise change any ASL product.

 

C.  Returns Policy. We will accept a Qualified Return for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment with valid proof of purchase (the “Return Period.”) No refund will be granted for any products returned more than 30 days after shipment. Products sent to us after this 30-day period will not be returned to you.  All returns should be sent to:

 

Anodyne Systems, LLC 
Attn: Returns Dept

1888 Main St.

PMB #122

Madison, MS 39110

 

You are responsible for all shipping and handling charges on returned items.  You bear the risk of loss during shipment.  We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. 

 

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. Qualified Refunds are processed within approximately 7 days of our receipt of your merchandise.  Your refund will be credited back to the same payment method used to make the original purchase on the Site. 

 

D. Non-Authorized Resellers:

 

Any purchases made from an unauthorized reseller of an ASL product or service will have no warranty or product support.  Only buy from ASL, the manufacturer. If you are unsure of the seller, please contact us directly at (601) 778-8632 or support@anodynesystems.net

to verify before you purchase. 

 

E. Exchanges:

 

We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at support@anodynesystems.net and send your item to: Anodyne Systems, LLC, 1888 Main St. PMB #122, Madison, MS 39110.

 

F. Gifts:

 

If the item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return. Once the returned item is received, a gift certificate or code that will be sent to you.

 

If the item was not marked as a gift when purchased, or if the product was shipped to the purchaser, the refund will be sent to the purchaser.

 

6. Manufacturer’s Limited Warranty and Disclaimers

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BUYER AGREES TO AND ACCEPTS THE RETURNS, EXCHANGES, AND REFUNDS TERMS HEREIN IN LIEU OF ANY OTHER WARRANTY EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Other than as expressly stated herein, ASL MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, AND WILL NOT BE LIABLE FOR, ANY LOSSES, INJURIES, OR CONSEQUENTIAL DAMAGES, WHICH MAY RESULT FROM THE USE OR RELIANCE ON ANY ASL PRODUCT. ASL incorporates by reference each of the Disclosures and Disclaimers set forth in this Agreement, as well as any set forth anywhere else on the Site or in the documentation shipped with the product, as if fully set forth herein.

 

7. Limitation of Liability

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ASL OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT OR ANY PURCHASE MADE ON THE SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ASL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL ASL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE OF PRODUCTS FROM THE SITE. 

 

Nothing in the Agreement removes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by its gross negligence, and, if required by applicable law, negligence.  Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law. 

 

8. Goods Not for Resale or Export

 

You agree to comply with all applicable laws and regulations of the various states and of the United States, including all export regulations.  You represent and warrant that you are buying products from the Site for your own use only, and not for resale or export.  Products purchased from the Site may be controlled for export purposes by export regulations. 

 

9. Personal Information Submitted Through the Site

 

Your submission of personal information through the Site is governed by our Privacy Policy, which can be found at https://www.anodynesystems.net/privacy-policy.  This Agreement incorporates by reference the terms and conditions of the Privacy Policy as if fully set forth herein. 

 

10. Applicable Law

 

This Agreement is governed by and shall be construed in accordance with the laws of the State of Mississippi, the principal place of business of Anodyne Systems, LLC, without giving effect to any conflicts of laws principles.  You agree that any action not filed in arbitration pursuant to this Agreement, shall be filed exclusively in the courts of Madison County in the State of Mississippi. 

 

11. Dispute Resolution and Binding Arbitration

 

YOU AND ASL ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU 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 YOU AND ASL, ITS AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, DIRECT AND INDIRECT SUBSIDIARIES, AND ANY THIRD PARTY PROVIDING PRODUCTS OR SERVICES TO YOU IN CONNECTION WITH YOUR PURCHASE, ARISING FROM OR RELATING IN ANY WAY TO A) YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, ANY PRODUCTS OR SERVCIES SOLD OR PROVIDED BY ASL THROUGH THE SITE OR OTHERWISE, OR B) THIS AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 

 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Section. You can contact AAA at www.adr.org or (800) 778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. 

 

The arbitrator will 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 arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

 

We will be responsible for paying any individual consumer’s arbitration fees.  If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. 

 

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. 

 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. 

 

12. Class Action Waiver

 

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND ASL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and ASL agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. 

 

13. Assignment

 

You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement. ASL, however, may freely assign any or all of our obligations under this Agreement without prior notice or consent.

 

14. No Waivers

 

The failure by ASL to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ASL. 

 

15. No Third Party Beneficiaries

 

This Agreement does not and is not intended to confer any rights or remedies upon any person other than you. 

 

16. Severability

 

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

 

17. Contact us

 

If you have any questions concerning this Agreement, please contact us using the information below.

 

Anodyne Systems, LLC
Customer Support

1888 Main St.

PMB #122

Madison, MS 39110

 

Email: support@anodynesystems.net