The business is privately held by John Wright Laboratories a.k.a. JWLABS. 30724 Benton Rd. Ste 302-504 Winchester, California 92596-8470 United States (951) 926-6415.
The purpose of this agreement is to legally establish that the Customer is solely responsible for the creation and use of device or devices, obtained from JWLABS and that JWLABS acts in good faith as the contractor and agent on behalf of the Customer, performing engineering and other tasks in the creation, invention and manufacturing of Rife type devices.
b.) Limitation of liability:
Customer will hold JWLABS harmless of any and all responsibility for damage or personal injury, that may result from the Customer's use or misuse of the device.
Customer will include a purchase order for the manufacture of the device, and include with it payment in full in advance. Payment may be made in US funds by check for payment to Wright Laboratories or by any other means as made available through Customer Service.
JWLABS Products. Hardware Products. Products. Refers to web sites, web site content, and includes but is not limited to hardware such as JWLABS Model A-3, Live Wires, or other activity conducted on behalf of a third party. The availability, the supply, the shipping and delivery of any particular JWLABS product is not guaranteed.
Competency. JWLABS products are intended for use by adults, however, competency is the primary criterion, and not age. Competency refers to the ability to comprehend and to utilize JWLABS products in a manner that is safe and effective.
Customer. The customer is any person who is registered with the company as a user of JWLABS Products in Good Standing. Refers to any JWLABS customer who pays in advance to obtain a modified JWLABS Product for personal home use.
Standing. No person who is not a signed and registered Customer of JWLABS shall have standing in any Customer account.
Good Standing. Refers to JWLABS Customer’s Status
b.) No Customer who has violated the law in connection with the Product, misrepresented the Product in any way, threatened or slandered the Company at any time, either verbally, by phone, or by electronic media, shall remain in Good Standing.
Any Customer not in Good Standing may be denied any and all services offered by JWLABS at it’s sole discretion, at any time without notice.
Subscriber. Refers to any user of JWLABS products who pays a monthly fee for access to custom applications or services.
Unit. An individual item. A single, (1) complete, modified or unmodified JWLABS Model A
media adapter hardware Product.
3. Applicability of these terms and conditions.
All Customers of JWLABS hardware Product, either modified or unmodified Model A-3, must agree to all terms and conditions put forth in this agreement.
4. Changes to the terms and conditions.
Customers are agreed to the current version of the agreement. JWLABS may make changes to the current version of the agreement at any time without notice. Such changes will occur occasionally to reflect or to reiterate changes in our security needs, and to protect Subscribers.
5. Users under the age of 18.
JWLABS Hardware Products will not be sold to children or minors, or anyone who is legally under age in any country. In the US it is 18 years of age. Users who are under the age of 18 must be supervised by an adult parent or legal guardian. Restrictions of this kind may vary from country to country.
6. Evident Incompetency
Distributors understand and agree that JWLABS hardware will not be sold to those who evidently cannot operate the device safely, or who may be a danger to themselves or to others. Regardless of the age or Standing, any Customer or Subscriber who demonstrates a disregard for their own safety or that of others, for any reason, may be deemed Incompetent. If the Customer is believed to be a danger to themselves or to others, their account will be stopped.
DISTRIBUTION OF JWLABS PRODUCTS IS PERMITTED ONLY UNDER A SEPARATE WRITTEN AGREEMENT. NO DISTRIBUTION RIGHTS ARE GRANTED HEREIN. CUSTOMER AGREES AND UNDERSTANDS THAT MARKETING, SALES, PROMOTIONAL USE OF THE PRODUCT, OR FOR THERAPY TO OTHERS NOT IN THE IMMEDIATE HOUSEHOLD OR FAMILY, PRIVATELY, OR AS A BUSINESS ARE EXPRESSLY FORBIDDEN UNDER THE TERMS OF THIS CUSTOMER AGREEMENT.
8. Safety and Abuse
The Customer agrees to follow and comply with any and all safety instructions provided by JWLABS with the Product, either verbally or in writing. The safe use of JWLABS Hardware Products is described in detail in the site content. No other use of the device is recommended.
JWLABS cannot be held responsible for any kind of injury, physical or otherwise that may result from the use of the Product.
We cannot guarantee that third parties' advice or suggestions that deviate from JWLABS Products are accurate, safe or appropriate. Your use of the JWLABS hardware, personal coaching, and web support is your responsibility as are any reactions that may be reported that are the direct result of using the Product. It is your responsibility to interrupt the use of the Product until all reaction has passed, and to report any problems promptly to JWLABS or StayTuned Customer Service.
9. JWLABS Account and Licence.
Your purchase of JWLABS products, unless otherwise agreed to in writing, does not include any subscriptions to JWLABS web sites, such as JW Live Wires, Rife Therapy, and Rife Tutor.
This Customer Agreement grants the valid account holder in Good Standing a non-exclusive, non-transferrable, limited license which can be revoked at any time, to use specially modified or unmodified JWLABS Hardware Products for personal home use purposes. Under this agreement only the JWLABS Products you have purchased are licensed for your use. The Customer license granted under this agreement confers no title of ownership to any JWLABS products.
No right is granted for manufacturing or software distribution.
10. Account sharing and Password Security
You agree to keep your password, if any, safe at all times and not to permit any other person to know it or use it except as stated herein. You are responsible for the activities of all persons who use your password to access your account. If you believe someone has stolen or gained access to your account please contact us immediately to recover your account. Subscribers may share their Live Wires account with anyone in their immediate household, or any employee in their company. If any JWLABS password protected account is abused or accessed by others, the account will be stopped.
11. Intellectual property rights and ownership.
JWLABS, Tactio, Live Wires, Rife Therapy, and Stay Tuned are either registered or unregistered trademarks of Wright Laboratories. All other trademarks are the property of their respective owners.
You must not reverse-engineer, decompile or otherwise modify any JWLABS Product in any way. Except as described in accordance with the terms of this agreement, you must not use a modified version, or attempt to copy or to sub-license any JWLABS Product. You must not create or provide any other means by which any JWLABS product may be used by others, including but without limitation, replacement or modified versions of any JWLABS Product. Any such activity may constitute civil wrongs or criminal offenses and we reserve the right to take action as appropriate should we find offenses are being committed.
All of the materials found on our web site, and that we offer, hardware and software including videos, audio, graphics and design content are protected by our copyright, intellectual property rights, or the copyrights of our Partners and Affiliates. You may not use these materials, or any JWLABS Product except in accordance with this agreement.
All intellectual property rights in any JWLABS Product, are and will remain the property of JWLABS and/or its licensors. You are only granted limited permission (which can be revoked at any time) to use such content or JWLABS Product, subject to and in accordance with this agreement.
The following pertains to software, programming, and other copyrighted materials: NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPERTY INTEREST IN ANY JWLABS PRODUCT OR ACCOUNT AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF JWLABS.
JWLABS does not recognize any purported trades or transfers of JWLABS materials or products or anything that appears to be of JWLABS Product origin, outside the terms and conditions of a JWLABS Product.
JWLABS reserves the right to discontinue any Product, all or any part, at any time, permanently or temporarily, at which point any license granted to you to use the Product or a part thereof will be automatically terminated or suspended. In such event JWLABS shall not be required to provide refunds benefits or other compensation to Customers or Subscribers in connection with such discontinued elements of a JWLABS Product.
Protection of Intellectual Property:
Customer agrees not to open, tamper with, or reverse engineer, devices obtained from JWLABS. If in the event Customer is employed by, affiliated with, or becomes a responsible party in the business of making or marketing of medical or related devices, including but not limited to anything that might compete against Rife devices, JWLABS is to be notified immediately. All documentation, World Wide Web materials, pictures, recordings, music, and any other intellectual property obtained from JWLABS remains the sole property of JWLABS, with all such rights reserved by JWLABS, including but not limited to copyrighted matter, in any form. Customer shall not reveal or cause to be revealed any such material to anyone except those private parties who have a direct need for the device as it would be normally used in private situations.
The venue for any and all legal disputes that may arise between the two parties shall be Riverside County, the State of California, USA. Further, any infringement of copyright shall be prosecuted separately.
Transfer of Ownership:
Customer understands that this agreement does not in any way authorize Customer to represent, or to sell JWLABS services or devices, except to dispose of their own personal device by selling it to a private party. Customer is not therefore authorized to resell, rent or lease, promote or otherwise market devices, and in the event that Customer sells or gives ownership of the device to another party, JWLABS is to be notified immediately of the intention, and Customer will provide the name and address of the party receiving the device within ten days of the transaction.
Customer may loan the device to anyone of their choosing for any amount of time, at their sole discretion. Customer may refer interested parties to JWLABS, but is not entitled to a referral fee. Referral fees are paid only to those users/customers who have signed and been accepted as representative of JWLABS (Wright Laboratories) and the terms of such representation may be applied for under a separate agreement for that purpose.
12. Authorized use of JWLABS copyrighted materials and trademarks.
Any and all JWLABS materials used by the Customer, including but not limited to articles, blogs, sales and marketing materials, recorded applications software and customer testimonials found on any JWLABS or affiliated web site, is to remain the property of Wright Laboratories. You may not use any part of these without specific written permission.
13. Customer support.
JWLABS agrees to provide all Customer support for the product, including but not limited to warranty, refunds, personal coaching, printed and on-line materials, application recordings, programs and other software.
Any Customer in Good Standing is entitled to all the services and courtesies JWLABS provides, including personal coaching for themselves. JWLABS reserves the right to refuse coaching or services on behalf of a third party including, but not limited to, anyone who is not part of the immediate household or family, or is not present at the time of the coaching or service.
At it’s sole discretion, JWLABS agrees to extend its Customer support to anyone in possession of a JWLABS made device, including repair or replacement of the device, but reserves the right to withhold any such service at any time for any reason.
14. Agency approvals.
JWLABS Products are not approved by any government agency.
Customer agrees and understands that JWLABS does not offer medical advice, and any help obtained from JWLABS verbally or in writing, or any other form, including but not limited to electronic media, is for the sole purpose of a complete disclosure and to ensure that the Customer is informed of any possible or known dangers, within reason. Such help is not to be construed as, or used as, a replacement for qualified medical care.
15. Terms of payment.
All payments are to be made in full in advance. No refund is possible. Delivery begins when payment is received.
JWLABS will ship directly to the Customer. JWLABS agrees to provide for low cost shipping and handing via courier service to all Customers in the contiguous United States. We do not pay for return shipping except by written agreement.
We do not pay for shipping outside of the Continental US, Hawaii or Alaska.
We do not pay for International Customs Fees in any country.
We will not falsify any shipping document in any way.
Customer will be responsible for all shipping costs incurred in order to return loaned or damaged or defective devices to JWLABS. Customer will insure shipping of devices through a courier service, to JWLABS, for its full retail value plus ten percent (10%), but not to exceed two thousand ($2000). Returned devices will be shipped by courier service chosen by JWLABS only. Customer will pack devices according to the instructions of JWLABS, and obtain said instructions by phone, in person or in writing, prior to shipment. In no case will JWLABS accept returned devices sent via mail or postal service. Customer will not be responsible for shipping costs of devices otherwise, unless the destination is outside of the continental United States. Customer will be responsible for all customs fees or taxes when shipment is to or from a destination outside of the continental United States.
17. Return of Materials Authorization.
Customer agrees and understands the Product, once received, cannot be returned to JWLABS unsolicited. A Return of Materials Authorization must be obtained from JWLABS in writing before any returns will be accepted.
18. Replacements and repairs.
The Customer agrees and understands JWLABS reserves the right to refuse any repair or return for any reason. JWLABS will replace any Units for free at its own expense including shipping, that have failed to operate in normal service and used as it is intended. JWLABS provides this warranty indefinitely but may not be able to provide this warranty in perpetuity.
Return of Materials Authorization is required for all returned items.
If the Product has been destroyed by obvious abuse or negligence, it is not covered by JWLABS replacement warranty. Damaged units can be repaired at a per hourly rate. The rate may vary according to the level of the engineer required to make the repair. Almost all repairs are under
$50. All decisions by JWLABS in this regard shall be final.
19. JWLABS account stoppage.
If at any time we have reason to believe that:
a. our terms and condition have been breached;
b. there has been fraudulent, unlawful, or abusive activity; or
c. it is necessary to prevent harm or damage to JWLABS Products, Subscribers, or to the general public we may at any time stop, (as defined above) any and all JWLABS Products, accounts and limited licenses.
We do not guarantee the continuing ongoing supply of JWLABS Products. Upon reasonable notice we may deactivate any account, and you agree and acknowledge that you are not entitled to any refund in any amount in connection with the account.
20. Refund Policy
There will be no refunds.
Refusal of delivery:
Customer understands and agrees that a refund will occur in the form of a check, not less than 30 days after Customer refusal of delivery. In no case will a refund be due after delivery of the device to the Customer, regardless of subsequent events, such as late delivery, defect, or damage in shipping. Refusal of delivery must be in writing, signed by the Customer prior to, or immediately after shipment, and cannot be refused by proxy, or anyone else other than the original Customer and signator of this agreement. In the event of a refund, money will be paid to original Customer only, and will not be paid to a trust, an estate, their legal counsel, or their friends or family members.
Customer agrees and understands that in the event of the Customer's death or declaration of incompetency, or at any other time, JWLABS will not be responsible for any refund or rebate in any amount, even if the device is returned to JWLABS in good condition.
21. Return Policy
Customer may return their Unit to JWLABS at any time if it is accompanied by a Return of Materials Authorization. Once received, JWLABS shall attempt to re-certify the unit for warranty and resale. If the device is suitable for warranty, the Customer will be issued any funds resulting from the re-sale that exceed expenses and fees in a timely fashion.
We do not reveal any personal or contact information about our users to anyone. We store as little information as possible. Credit card numbers or other vital information is destroyed and not stored.
Customer agrees and understands that JWLABS promises not to reveal Customer names or any personal details about Customer to anyone without their express permission, unless required to do so by a United States court of law or other United States government authority, in which case JWLABS agrees to use its best efforts to inform Customer of any such proceeding or requirement, but cannot guarantee this information will be given to Customer in a timely fashion. JWLABS is not responsible for events or invasion of privacy by anyone or any technology beyond its control, such as invasive product identification (RFID), homeland security, or surveillance of any kind covert or otherwise. JWLABS does not add RFID to the Product.
Customer agrees and understands that in the event JWLABS refers the Customer to any other user/customer of JWLABS, that Customer shall not reveal or cause to be revealed, the identity of another Customer so referred, and shall not stalk, or harass the referral under any circumstances. Customer shall not under any circumstances, call by telephone or otherwise contact the referral unless expressly authorized by that person or persons.
23. Functioning of JWLABS Products
We will make every effort to correct operation failures and to repair faults in our system as soon as we can reasonably manage. We cannot guarantee the quality or reliability of connection, of player software, or computer equipment. We are not responsible for interruptions, errors, or injury caused by third parties or circumstance beyond our reasonable control.
Customer agrees and understands that JWLABS reserves the right to recall any and all devices at its sole discretion at any time, to enable replacement or upgrading of devices when necessary to assure safety and proper performance, the performance of which will be determined solely by JWLABS.
24. Third party sites and technologies
JWLABS has made every reasonable effort to provide simple, correct, and understandable explanations and descriptions of the technology and how we have used it, safely and effectively for decades. It has been our goal to provide the most advanced and the most cost effective devices of this kind, so the power it represents remains in the hands of the people. Other manufacturers do not necessarily agree with or share that goal. Nor do we agree even about the basics of how the technology works. With this wide gap of understanding, it is unlikely that they will be able to provide any useful assistance in the use of your JWLABS Products.
We cannot be held responsible in any way for any Customer or Subscriber injuries or failures due to the application of erroneous presumptions as regards what constitutes safe and effective use.
Other web sites, user advice, solicited or non-solicited materials that are suggested elsewhere are not endorsed or approved by JWLABS.
25. Legal responsibilities
Customer understands that JWLABS is an individual, by the name of John Wright, and the company is John Wright Laboratories, who, having no other relevant affiliations with government, business or secret society, offers services to deliver devices that are his personal property and that any and all applicable sales tax for those devices have been paid by him, in the normal course of procuring devices. When Customer acquires devices from JWLABS, those devices become the property of the Customer, and therefore all sales are final and not transferable except where noted herein. If any situation should arise where additional taxes are due, Customer agrees to pay such taxes to the assessor of the tax, holding JWLABS harmless.
JWLABS Products are provided on an “as is” and “as available” basis. We do not warranty that you will be able to access or use a JWLABS product at the times or locations of your choosing or that the JWLABS Product will be uninterrupted or free of errors. Accordingly, JWLABS is not liable to you for any damage that might arise, for example, from the inoperability, unavailability or security vulnerabilities of the JWLABS Product or your reliance on the quality, accuracy or reliability of the JWLABS Product.
JWLABS expressly disclaims liability for any loss or damage caused by us, our agents or employees in circumstances where there is no breach of legal duty on our part and such loss or damage is not a reasonably foreseeable result of any such breach. You agree to waive any legal duty of care owed to you by JWLABS to the maximum extent allowed by law.
The maximum liability of JWLABS to you for losses or damage that you suffer in connection with the JWLABS Product shall not exceed the amount that you paid when you signed up to become a Customer or Subscriber.
JWLABS Hardware Product is warranted only as stated herein. If the device fails due to no fault of your own or that of the Customer, upon our receipt of the failed item, we will replace it for free. Return of Materials Authorization is required for all returns.
JWLABS offers no warranty for the results any user might experience. It is also your responsibility to determine if your use of the Product is unlawful, and if such laws apply to your use, in the privacy of your own home.
Customer understands and agrees that in the event of a failure of the device, JWLABS reserves the right to repair or replace the device, with another. JWLABS may replace the device with any instrument of their choosing, of greater or lesser value than the original, until such time as the defective device can be permanently replaced or repaired. In no case will repaired or replacement devices be shipped to the Customer until any loaned device in Customers possession is returned in good condition. JWLABS reserves the right to assess damage to any device it has made for Customer, to determine if the device has been damaged due to negligence on the part of the Customer. JWLABS assessment of damage will be final, and if the Customer is found negligent, JWLABS reserves the right to collect money for the repair or replacement from the Customer, prior to the replacement or repaired device being shipped to the Customer.
These terms and conditions and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supercedes any previous terms and conditions between the parties in relation to JWLABS Hardware Products. Terms and conditions in relation to other JWLABS Products are separate agreements and in no way cancel their respective terms and conditions. If we fail to enforce any provision of these conditions that failure will not preclude us from enforcing either that provision or any provision on a later occasion. If any provision of these terms and conditions is found to be invalid by a court of law, we agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and that other provisions remain in full force and effect. You may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to this agreement shall have no right to enforce any term of this agreement. These terms and conditions are governed by the laws of the State of California, United States of America and any dispute connected with JWLABS Products will be decided only in the courts of Riverside County California.
Customer warrants that they are qualified and of the competent state of mind to contract with JWLABS for the purpose of having electronic devices made for personal and private use. These devices are experimental, and the Customer further warrants that they are obtaining devices for the purposes of home remedy and personal experimentation. Customer hereby guarantees that JWLABS, and all affiliates, contractors, sales representatives or distributors of JWLABS, active or terminated from JWLABS shall be held harmless of any and all mishaps, accidents, misuse, misplacement and personal injury including catastrophic medical harm Customer may bring upon themselves or others as a result of that experimentation.
Should any part of this agreement be found invalid or unenforceable in a court of law the remainder shall remain in force.
Customer certifies to having read this agreement, and is hereby bound to its terms.