If for any reason, you are not happy with your purchase, you can return your order within 30 days from the date of delivery for a full refund. Please note that the item price and applicable taxes will be refunded. Shipping will not be refunded unless an error occurred on our part or the merchandise is deemed defective.
Returns will not be accepted if any of the following conditions apply:
Last Updated: August 2019
Nemechek Technologies, LLC (“Nemechek Technologies”) warrants to the original purchaser that the Vitality Smartcable transcutaneous Vagus Nerve Stimulator device (the “Product”) will be free from defects in materials and workmanship under normal use for one (1) year from the date of original purchase (the “Warranty Period”). Nemechek Technologies issues this Limited Warranty solely to a consumer (“Consumer” or “you”) who purchases a new Product directly from Nemechek Technologies or from an authorized reseller.
Covered Products: This Limited Warranty applies only to Products manufactured by Nemechek Technologies and does not apply to: (a) any Nemechek Technologies products or services other than the Product; (b) non-Nemechek Technologies hardware products; (c) software, even if packaged or sold with the Product or embedded in the Product; or (d) any Product that has been altered or modified by anyone who is not a representative of Nemechek Technologies.
Exclusions and Limitations: This Limited Warranty is not applicable to damage or defects caused by: (a) normal wear and tear; (b) misuse, accident, abuse; (c) failure to follow the Product instructions; operating the Product outside the permitted or intended uses described by Nemechek Technologies ; or (e) service performed by anyone who is not an authorized representative of Nemechek Technologies . Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. This Limited Warranty also does not apply to commercial use or resale. Nemechek Technologies does not warrant that the operation of the Product will be uninterrupted or error-free. Nemechek Technologies does not warrant that the product will run on all phones, on new phones, or phones with updated operating software after the date of purchase, or after the installation of phone updates.
Instructions to Obtain Limited Warranty: To obtain warranty service for any Product that is subject to the foregoing Limited Warranty, you must (a) contact Nemechek Technologies at firstname.lastname@example.org to request a Return Material Authorization (“RMA”) prior to the end of the Warranty Period; and (b) return the defective Product, along with the RMA number you received, to the address specified by Nemechek Technologies in the RMA. You must deliver the Product in either its original packaging or packaging providing an equal degree of protection.
Consumer will be responsible for all shipping charges to Nemechek Technologies and assumes all risk of loss or damage to product while in transit to Nemechek Technologies. We recommend you use a traceable method of shipping.
Nemechek Technologies may not return the original Product to the Consumer and it is possible that such data, software, or other materials will be lost during service, and Nemechek Technologies will not be responsible for any such damage or loss.
If the Limited Warranty claim is valid, Nemechek Technologies will bear the cost of shipping the Product back to the Consumer upon completion of service under this Limited Warranty. Any Limited Warranty returned to Nemechek Technologies without a valid Limited Warranty claim or without a RMA may be rejected, returned at sender’s cost, or kept for 30 days for pick-up and then disposed of at Nemechek Technologies’ discretion.
Exclusive Remedy: AS YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A DEFECT OR OTHER CLAIM UNDER THIS LIMITED WARRANTY, Nemechek Technologies will, upon receipt of a valid claim received by Nemechek Technologies within the Warranty Period, at Nemechek Technologies’ option, (a) repair the Product at no charge, using new or refurbished replacement parts, (b) replace the Product with a new or refurbished Product; or (c) refund the customer the purchase price paid for the Product if Nemechek Technologies determines that it is not reasonable to repair or replace the defective Product. Except where prohibited by applicable law, this Limited Warranty does not cover the cost of returning the Product to Nemechek Technologies, and you will be responsible for such cost.
Any replacement hardware product will be warranted for thirty (30) days, or for the remainder of the original Warranty Period, whichever is longer. When a Product or part of a Product is replaced, any replacement item becomes your property and the replaced item becomes Nemechek Technologies’ property.
Disclaimer and Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEMECHEK TECHNOLOGIES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, ARISING FROM COURSE OF CONDUCT OR OTHERWISE, REGARDING THE PRODUCT, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE ONE-YEAR PERIOD OF THE EXPRESS WARRANTY ABOVE.
Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEMECHEK TECHNOLOGIES AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “NEMECHEK TECHNOLOGIES PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, BREACH OR FAILURE OF ANY WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODUCT WHETHER OR NOT A NEMECHEK TECHNOLOGIES PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NEMECHEK TECHNOLOGIES PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID NEMECHEK TECHNOLOGIES FOR THE PRODUCT.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Governing Law; Specific Legal Rights: This Limited Warranty shall be governed by the laws of the State of Arizona regardless whether choice-of-law rules point to the law of another jurisdiction. This Limited Warranty gives you specific legal rights, and you may also have other rights that vary by state to state.
Arbitration: Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost- effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties.
The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state and federal courts located within Maricopa County Arizona for the purpose of addressing all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, Nemechek Technologies may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Miscellaneous: No Nemechek Technologies reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.