OrgoneGenerator.com Terms of Service Agreement
Last Updated: November 21, 2019
Thank you for using the OrgoneGenerator.com website and associated content (hereinafter “Website”), which is owned, operated, or licensed by Western Integrated Technologies, LLC (“Orgone Generator”). Orgone Generator provides you with a limited license to use the Website subject to the terms and conditions contained within this Terms of Service Agreement (hereinafter “Agreement”).
THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU HAVE A DUTY TO READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED WITHIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, ITS ARBITRATION PROVISION, OR ITS CLASS ACTION WAIVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE.
YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT ORGONE GENERATOR, WHICH PUBLISHES THE ORGONEGENERATOR.COM WEBSITE AND ITS ASSOCIATED CONTENT, DOES NOT PROVIDE MEDICAL SERVICES OR MEDICAL ADVICE AND MAKES NO CLAIMS, SCIENTIFIC, MEDICAL, RELIGIOUS, OR OTHERWISE, ABOUT THE PRODUCTS CONTAINED ON OR SOLD THROUGH THE WEBSITE. NOTHING CONTAINED ON THE ORGONEGENERATOR.COM WEBSITE WILL BE CONSIDERED AS MEDICAL OPINION OR INDEPENDENT, OBJECTIVE STATEMENTS OF FACT ABOUT THE EFFICACY OR VALIDITY OF THE PRODUCTS OR THEORIES EXPRESSED CONCERNING THE SAME. IN THE EVENT YOU WISH TO USE ANY PRODUCT MENTIONED ON OR SOLD THROUGH THE WEBSITE FOR MEDICAL TREATMENT OF ANY KIND, YOU AGREE TO FIRST SEEK MEDICAL ADVICE FROM A HIGHLY QUALIFIED PHYSICIAN OR DOCTOR BEFORE PROCEEDING. THE PRODUCTS AND STATEMENTS MADE ABOUT SPECIFIC PRODUCTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION (FDA) AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT DISEASE. ALL INFORMATION PROVIDED ON THIS WEBSITE OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT LABEL OR PACKAGING IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR ADVICE FROM A HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION ON THIS WEBSITE FOR THE DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM.
ALL TESTIMONIALS ON THE WEBSITE ARE BASED ON THE OPINIONS OF INDIVIDUAL USERS OF PRODUCTS PURCHASED FROM ORGONE GENERATOR AND SHOULD NOT BE RELIED UPON AND DO NOT CONSTITUTE A GUARANTEE THAT YOU WILL RECEIVE THE SAME RESULTS.
By using the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Orgone Generator reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Orgone Generator replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein.
1. User Warranties
By using the Website, you warrant that you are age eighteen (18) or above the age of majority within your legal jurisdiction, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
2. Limited License
You acknowledge and agree that the Website is the property of or is licensed by Orgone Generator and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Orgone Generator reserves all of rights not expressly granted through this Agreement.
Orgone Generator provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
3. Acceptable Use Policy
You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website.
4. Ordering and Payment
Payment for all orders placed through the website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Orgone Generator until Orgone Generator accepts your invitation to deal by performance, specifically, by shipping the ordered goods. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Orgone Generator is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Orgone Generator’s payment processor. You agree that you will not initiate any chargebacks to Orgone Generator unless otherwise authorized by Orgone Generator in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Orgone Generator.
All purchases made through the Website are subject to Orgone Generator’s Shopping and Shipping Policies, which are hereinafter incorporated by reference and may be modified at any time and within Orgone Generator’s sole and absolute discretion.
5. Product Availability
While Orgone Generator strives to carry or have regular access to sufficient inventory, it is possible high volume or rare products are out of stock at the time of your order. If this is the case, Orgone Generator will contact you in a reasonable time frame to advise you of the issue. If you have time sensitive orders, please respond to Orgone Generator’s notice as soon as possible.
6. Product Warranty
All Orgone Generators sold by Orgone Generator include a limited manufacturer’s warranty. This warranty is valid only as to the original purchaser and is not transferable to anyone who subsequently purchases, leases, or otherwise obtains the product from the original purchaser. Orgone Generator warrants that its Orgone Generators will be free from defects in materials and workmanship for a period of five (5) years from the date of purchase (“Limited Warranty Period”), provided that the defect is not the result of misuse or inappropriate use. During this Limited Warranty Period, Orgone Generator will, at its option: (i) repair the product; or (ii) replace the product with the same or a comparable product. Shipping costs and/or customs fees related to repair or replacement are not included in this warranty.
THIS WARRANTY DOES NOT EXTEND TO PRODUCTS SOLD BY ORGONE GENERATOR THAT ARE NOT ORGONE GENERATORS - INCLUDING WITHOUT LIMITATION ORGONITE® PENDANTS, ORGONITE® PYRAMIDS, ORGONITE® POWER BOOSTERS, AND SOFTWARE.
THIS WARRANTY DOES NOT EXTEND TO THE DELIVERY OF THE PRODUCT, DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, FIRE, THEFT, DISAPPEARANCE, MISPLACEMENT, FLUCTUATIONS AND POWER SURGES, CONNECTIONS TO IMPROPER VOLTAGE OR INCORRECT ELECTRICAL LINE VOLTAGE, DAMAGES CAUSED BY SERVICING BY A PARTY OTHER THAN ORGONE GENERATOR, OR DAMAGES CAUSED BY A USE THAT IS NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS OR USER MANUALS.
ORGONE GENERATOR WILL NOT BE HELD LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. ORGONE GENERATOR’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS PLUS INTEREST ALLOWED BY LAW. ORGONE GENERATOR IS NOT LIABLE TO YOU FOR ANY EVENTS BEYOND ORGONE GENERATOR’S CONTROL, SUCH AS ACTS OF GOD, PROPERTY DAMAGE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
ORGONE GENERATOR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT IS LIMITED IN DURATION TO FIVE (5) YEARS.
7. Shipping
Orgone Generator provides shipping via USPS, UPS, and FEDEX Ground. All prices are F.O.B. from place of shipment unless specifically provided otherwise.
Any damaged or incorrect shipments must be reported within 48 hours of receipt. For damaged shipments, the shipment must be refused at the time of delivery and the original box and packaging must be kept until the carrier/shipper who delivered claims them unnecessary for any claim purpose. If not reported within 48 hours of receipt, Orgone Generator will consider all claims of damage, defect, or other error waived. All shipment fees incurring from refused products shall be paid by you and will not be chargeable to Orgone Generator.
Shipping charges are based on the monetary amount of your order and the shipping destination. All shipments will be made consistent with Orgone Generator’s Shipping and Handling policy, which is hereinafter incorporated by reference and may be changed at any time and within Orgone Generator’s sole and absolute discretion.
8. Refunds
Orgone Generator offers a 100% money-back guarantee for returns made within thirty (30) calendar days of order delivery confirmation of a first purchase of an Orgone Generator® by a customer that is under $800 (shipping costs are not included in this calculation - e.g. purchase of a $799 device with $12.50 shipping would be eligible for the money-back guarantee). This money-back guarantee does not include a refund of shipping costs or import/customs fees related to the initial order or return shipping costs or import/customs fees, all of which must be covered by customer.
This money-back guarantee does not apply to:
a) a purchase of an Orgone Generator® under $800 that is not a customer's first purchase of an Orgone Generator®;
b) a purchase of an Orgone Generator® that is $800 and above;
c) orders that have been repaired or replaced by Orgone Generator pursuant to its limited warranty contained in Section 6;
d) orders that received a discount or promotion (including, without limitation, a price reduction; free, discounted, or upgraded shipping; and/or free or discounted additional product(s) included with the order);
e) orders that include any product besides an Orgone Generator® sold on Orgone Generator’s website (including, without limitation, Orgonite® Pendants, Orgonite® Power Boosters, Orgonite® pyramids, or software), even if the order includes a first purchase of an Orgone Generator® and the order value is under $800 (i.e. first purchases of an Orgone Generator® are not eligible for a refund if the order includes other products besides the Orgone Generator® even if the order value is under $800)
unless otherwise agreed to in writing by Orgone Generator prior to purchase by customer.
Orgone Generator shall issue a refund within thirty (30) calendar days of receipt and inspection of customer's return.
Orgone Generator sometimes allows a customer to exchange a device for another device and receive a store credit for their original purchase. However, Orgone Generator does not guarantee the option to make an exchange and receive store credit and any such exchange must be approved by us in writing prior to its occurrence. Additionally, a device exchange voids our 30-day money-back guarantee (i.e. exchanging a device means you no longer have the option of returning your device within thirty (30) days of receiving it and receiving a refund).
9. User Accounts
Orgone Generator may provide you with the ability to create a user account, which may provide you with the ability to view messages, view order status, and see recently viewed and purchased items through the Website (hereinafter “User Account”).
You acknowledge and agree that you control access to your User Account. Your User Account may only be used by you or by third parties with your express written consent. Orgone Generator will not be held responsible or liable for any unauthorized access to your User Account, and you are under a continuing duty to promptly provide Orgone Generator with notice of any unauthorized or unusual access to your User Account. You are advised to keep the username and password associated with your User Account secure and secret. By creating a User Account and providing your personal information to Orgone Generator, you acknowledge and agree that Orgone Generator may use your personal information to contact you.
Orgone Generator reserves the right to suspend or terminate your User Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.
10. Third Party Links
You acknowledge and agree that the Website may contain links to third party websites or content that Orgone Generator does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Orgone Generator will not be responsible for websites not under the ownership or control of Orgone Generator.
11. Term and Termination
The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Orgone Generator terminates your access to the Website; or (ii) you cease using the Website and terminate your User Account. Orgone Generator reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
12. Trademarks
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Orgone Generator, including but not limited to ORGONEGENERATOR.COM, are common law or registered trademarks owned by or licensed to Orgone Generator. You are expressly prohibited from using the trademarks of Orgone Generator to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Orgone Generator in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
13. Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT ORGONE GENERATOR WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT ORGONE GENERATOR'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.
ORGONE GENERATOR EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. ORGONE GENERATOR WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
14. Indemnification
You agree to indemnify, defend, and hold harmless Orgone Generator, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Orgone Generator will not provide you with the ability to control Orgone Generator's defense, and Orgone Generator reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
15. Choice of Law and Stipulation to Jurisdiction
You agree any and all claims arising out of or related to your use of the Website shall be exclusively brought in Grand Traverse County Circuit Court or the Western District of Michigan. You specifically agree to the exclusive jurisdiction in Grand Traverse County Circuit Court or the Western District of Michigan. This agreement is to be governed exclusively by Michigan law. No other forum or choice of law is acceptable. In the event Orgone Generator prevails in any action arising out of or related to this Agreement, Orgone Generator shall be entitled to its reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief it may be entitled.
You and Orgone Generator agree that any dispute, claim, or controversy arising out of or in relation to this Agreement or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or to the purchase of or use of products purchased through the Website, will be settled by binding individual arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between You and Orgone Generator, You and Orgone Generator agree that the arbitrator will decide that issue. Notwithstanding the foregoing, You and Orgone Generator each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration.
You and Orgone Generator agree that the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. The arbitration will be administered under American Arbitration Association’s most recent Commercial Arbitration Rules then in effect except where as modified herein. The arbitration will be conducted in Traverse City, Michigan and will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the American Arbitration Association. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. This arbitration will be held in Traverse City, Michigan and both Parties agree that they will be required to be present in Traverse City, Michigan for arbitration under the terms of this Agreement and hereby submit to exclusive personal jurisdiction in Traverse City, Michigan. The arbitrator will apply the laws of the State of Michigan and the federal laws of the United States in deciding any controversy or claim pursuant to this arbitration clause.
You and Orgone Generator acknowledge and agree that each are waiving the right to a trial by jury as to all arbitrable disputes.
You and Orgone Generator acknowledge and agree that, to the fullest extent permitted under the law, each are waiving the right to participate as a plaintiff or class member in any class action lawsuit, class arbitration, or private attorney general action. If this class action waiver is held unenforceable with respect to the dispute between the Parties, the Parties agree that the entirety of the arbitration clause will be deemed void with respect to such dispute and the dispute must proceed in court.
16. Force Majeure
Orgone Generator will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond Orgone Generator's control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
17. Survivability
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend Orgone Generator.
18. Severability
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
19. Interpretation
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
20. Assignment
You are expressly prohibited from assigning your rights and duties under this Agreement. Orgone Generator reserves the right to assign its rights and duties under this Agreement, including in a sale of Orgone Generator or its Website.
21. Waiver, Privacy Policy, and Integration
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. Orgone Generator incorporates by reference its Privacy Policy as if fully stated herein.