JWLABS customer agreement disclaimer
All too often a disclaimer is used to avoid any and all responsibility. So, if that is the case, then what responsibility does a company accept – none at all? Surely that has legal holes in it no matter how you cut it. Why would anyone trust a company that accepts no responsibility for what they do or make?
What a disclaimer should do, is explain that we don’t know everything, and we cannot be held responsible for the things we do not know or that are out of our reasonable control.
Take the automotive manufacturer. They want to be responsible for defects, that is part of their guarantee, because they want a chance to rectify any faults in the product. All in the interests of satisfying the customer and to secure repeat customers. In every way they know how, they want to take care of their customers.
But a car company cannot reasonably take responsibility for the customer who goes out and drives off a cliff, accidentally or deliberately, because these are things that are not possible for them to control and to monitor. If they could somehow prevent accidents in their cars, they would. And in every way they can, they do, by making their cars just as safe as they reasonably can.
Rife machines are not like cars though we do use the analogy in various ways. There is a greater amount of information a Rife manufacturer needs to give to the customer, to ensure that their expectations are in line with reality, to ensure that the customer knows how to use the device safely and to ensure that they are realizing adequate results.
A responsible dealer, distributor or manufacturer of Rife machines needs to provide adequate customer service, to assist the user whenever they need basic guidance. And the company needs to be able to do all of these things without increasing their liability in an environment where many of the customers suffer from chronic, incurable, terminal or undiagnosed disease.
Because the need for effective therapy is often quite dire, it is all the more important that the company have reasonable access to, and good communication with the user, in order to assure safety and success in home therapy. For this reason, offering devices to the afflicted, avoiding the go between, relative or representative of the user is a normal practice. Even the user who is completely healthy, and is using the device merely as prevention and maintenance, should be contacted on a regular basis to help to avoid mistakes such as over use. We have found that this open channel is essential to safety in light of the fact that our machines are massively potent.
limitations of liability
JWLABS customer agreement defines the limitations of liability more appropriately for the long term relationship that is expected, changing the relationship to one that is more closely aligned with the realities of user needs than a buyer-seller waiver might. Full disclosure is one obvious need in this regard.
Customer agreements must have at least some clauses that are intended to define and to protect the users rights and guarantees. Such agreements should not be merely another tool to remove all rights and recourse from the user, as are so common in business. Users should be suspicious of any agreement that doesn’t even have one clause that protects the consumer.
JWLABS customer agreement eliminates the possibility of fraud, or misrepresentation, asserts the competency of the user, and reserves all JWLABS discretionary remedial options as a contractor, to assure customer safety and satisfaction, substantially through customer service and technical support. It is not the same as buying a new car. It is more like having a custom car built. The builder can assure certain functionality, and warranty it, but can offer nothing for aspects of results that depend entirely on user skills. The builder has a certain responsibility to assure that the user knows how to use it competently.
The company cannot enforce dictatorial control of dealers and distributors. Representatives of JWLABS must be free to make use of their own style, and to operate their business in the ways they are accustomed. In some instances this may take the representative astray from what we might consider ideal. We make every effort to explain the logic of our methods to all those who represent us, but it is often their differences, and their personality which makes them successful. Therefore we do not expect that all of the rules we operate by will be adhered to by all representatives. This expectation means that theree will be some inconsistencies from one to another, but this is also the tolerance needed to encourage innovation in marketing, presentation and strategy among those who represent our products.
We do expect all representatives to abide by the law, and to operate according to impeccable ethical standards. Beyond this, we expect our representatives to fully recognize that merely because an action or policy is not expressly illegal, does not mean that it is necessarily ethical. In most cases ethics is not a problem, because we only select representatives whom we believe are motivated by a sincere desire to help others. Greed and self interest has been demonstrated to be a force that drives individuals out of their relationship with JWLABS in short order and usually without any help from us.
products and services goals
The products and services of JWLABS are designed around the goal that all customers realize the results they expect. It is a goal that we know can never be achieved because there are failures of about one in a hundred. One of the ways we do this is by lowering expectations, but there is another important way. Our customers always know that we are available every day for consultation. Customers are not required to report their results. Although we welcome success stories and testimonials, our focus is on those who do not realize the results we expect. Though we love to learn how a user succeeds, we very much need to learn all that we can about any user who does not.
Obviously, we cannot guarantee success or results of any kind, for any user. To do so would be contradictory to our customer agreement, and would likely be construed as fraud. We do guarantee everything that we can. We help users to succeed in every way that we can. If they cannot succeed, we will buy back a unit only under the conditions of the customer agreement, and the customer may resell ther machine to a private party for private use. If we can assist in such sales, we will. The actions we take in such cases is determined in part by the amount of cooperation we have from the user, and specifically by the opportunity they give us to examine the reason they did not succeed, if it is not apparent.
Most failures fall into only a few categories. Lack of use being number one. Incorrect and improper use is number two. Withholding vital information is number three, which covers drug addiction, alcoholism, unhealthful habits or self destructive behavior. Other significant failures may be caused by misdiagnosis, un-treatable or incomprehensible conditions, genetic or inherited conditions, physical anomalies, and very advanced or hopeless cases that are not reported or are unidentified or unknown to the user.
Unless death is imminent, it is extremely rare that a user will not do better with the therapy than they would have without it. Some of the changes that the therapy will invariable make, are endergonic reactions, or, chemical changes which are brought about only by the introduction of current. Such changes will occur and are usually easily observable or observable by microscopic analysis, in every user without exception. These are a boon to the body. The stimulation of the immune system is another change that all users experience, which may be obvious or subtle, but cannot be avoided by those who use the device. If this is the only effect that is possible, regular long term use of the device will most often bring about the changes that are routinely anticipated.
The machine comes with a very general application that is appropriate for a beginner. It is a general rule that all new users start with this application for the first few weeks, and not advance to more specific applications until they have learned to evaluate their progress and set the cadence and intensity of their routine, according to that progress. Although an audio tutorial is provided with each machine, a first session walk through with customer service either in person or by phone is required.
The vast majority of users will see dramatic changes in a short time. Hundreds of different things are affected during each session. In some cases, even our very conservative approach will not be slow enough to prevent too much change too fast, and the user will notice a Herxheimer type reaction that is most typical in the treatment of acute infections such as influenza. This does not mean that the session has worsened the condition, it only means that there has been an effect that has induced a healing crisis. Merely stimulating the immune system can have this temporary result. Most users realize that this is normal and see it as confirmation that the sessions are working. We try to prevent this from happening in the interests of customer safety and comfort.
machine use responsibility
Regardless of the amount of concern we demonstrate, or the amount of help we offer, the use of the machine is the responsibility of the user alone. In every way we can, we try to encourage them to use the device safely and effectively, without side effect.
We offer many cautions. Most are over stated, and some will not apply to every situation, but failure to observe these cautions or our failure to point out or to stress cautions correctly for each user, is a hazard that is characteristic to any therapy of great power. These are sometimes very obvious, such as avoiding using the machine during a thunder storm, applying direct therapy to the heart, the eye or the genitals.
We also expect every user to have common sense, so they do not use the machine in a way that may cause harm. Burning the skin due to bad contact, turning the power up too high, using it on others, or applying it to an area where there is nerve damage or lack of feeling are a few of the ways a user might cause harm to themselves that can be easily avoided.
We offer the machine under a “lifetime” warranty. But since we cannot offer a warranty that exceeds the life of our business or our selves, there are limitations to what a lifetime warranty really means. So long as we are here, so long as Mr. Wright is alive, or so long as the user is alive, whichever is less, is the practical limitation of the warranty.
The customer agreement spells out a few extraordinary clauses that we feel are necessary. One is our reservation of our right to withdraw, or to recall an instrument from a user who we feel is incompetent. We can only ask for your trust that we do not intend to misuse this clause, and to consider why we would use it at all.
If we are called on the phone by a potential user who has a terminal disease, we will respond with appropriate alarm, and follow a normal procedural interview to help us determine their suitability for the therapy. If they are not suitable for the therapy for any reason that we did not discover until after the unit is shipped to them we might, in some cases, need to be able to recall that unit in order to protect them from doing harm to themselves.
An example of this would be in a case where the customer is a minor, acting without parental consent, in which case we would either refund the money or release the unit to the parents if they give consent. There are other cases of incompetency or customer fraud which might not be immediately apparent to us at the time of the transaction. We might exercise this clause if a competitor is masquerading as a customer merely to analyze or to reverse engineer our technology. In such an instance we would not issue a refund, and we may take legal steps to recover the device were it not returned on demand.
Other reasons for our withdrawal of a unit would be where the user has misrepresented their intent for use of the machine. These are for home experiments, and home remedy, and should not be used in any clinical situation unless the user has demonstrated the skills necessary to assist others safely and effectively. We might consider withdrawal of a unit if the user were to misrepresent the machine in any way to prospective buyers, via electronic media, the postal service, or other marketing vehicle. Re-sellers of JWLABS machines may do so according to distributorship or other written agreement with JWLABS. Marketing permission is not given in the standard customer agreement. The standard referral fee for referrals that result in a sale, is 10%. Sales must mature, prior to payment. No special agreement is required.
Other situations that might cause us to recall a unit from a customer typically cover such things as unit upgrades and defects. We will also occasionally choose to use this right to execute a temporary inequitable trade. If we have reason to believe that a user will do better with a different model of JWLABS machine than the one they paid for, we may insist that the unit is returned before we replace it with another. This is especially useful when a user has purchased an instrument of lesser cost and we would prefer that they use a much more expensive unit for a period of time, to help with their condition. Such an exchange would most likely occur when the customer has a condition that they cannot easily treat by themselves, but have professional help adequate to justify that action.
JWLABS does not perform therapy. Though we are quite knowledgeable in this regard, in no case do we pretend to be doctors nor do we conduct any action intended to cure or prevent any disease. We do solicit volunteers to come to our location for the purpose of confirming the results of certain applications and recorded sessions. These are usually a one time only event. In all cases the user conducts the therapy for themselves. This applies to any visits we may agree to at our location, which are offered primarily to allow an invalid or group to see the device and learn how it works before they make a decision.
Machines that are acquired through a distributor or practitioner may not be covered by our customer agreement. All such transactions are the responsibility of the distributor or re-seller, and in all cases where the customer is not registered with JWLABS, we may reserve the right to withhold all or any part of the services and warranties we offer, at our sole discretion. In most cases, we will give full support to any holder of JWLABS models, provided there is good communication between them and our staff.
We cannot guarantee that our products and services are permitted in the area in which a user resides.
Use of the products may interfere with conventional tests and other remedies.
Any suggestions we make are in the interests of a full disclosure, and must not be construed as medical or legal advice. In the event that our counselling is contradictory to a doctor’s orders, the user must take the doctor’s orders first. If the user chooses not to take a doctor’s orders, the responsibility for such action must remain with the user.
The methods we employ, the applications, the cautions, and the recommendations are all specific to the devices that we make. This is also true for the expectations. These must not be applied to devices of other design. We do not, by and large, agree with the business styles or the fundamental scientific presumptions made by other manufacturers. Although some of what they say may be valid, it is necessary that we are allowed to explain these ideas in the context of the model machines that we manufacture.
The advice and counseling that a user receives from JWLABS is tailored for their specific needs, and should not in most cases, be applied to other users of the same equipment.